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TRANSCRIPT
Fire Management Assistance Grant
Program and Policy Guide
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Fire Management Assistance Grant Program and Policy Guide (Draft 1.0)
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Foreword to the 2020 FMAG Program and Policy Guide 1
On behalf of the Federal Emergency Management Agency (FEMA), I am pleased to issue the 2
First Edition of the FEMA Fire Management Assistance Grant (FMAG) Program and Policy 3
Guide. This publication combines the FMAG Guide and FMAG policy into a single volume with 4
links to other publications and documents that provide additional process details. 5
This publication describes the FMAG Program basic provisions, application procedures, and 6
other related program guidance. The guide should be used by elected leaders, emergency 7
managers, financial management personnel, and other individuals who have the 8
responsibility for responding to wildfires. 9
This document incorporates and supersedes language from Public Assistance Program 10
publications, FMAG Guide, and 9500 Series documents. Previously, FMAG policies and 11
guidance were intermixed with those for FEMA’s Public Assistance program; however, these 12
two programs have distinct differences so separating them provides for administrative 13
clarity and reduces confusion regarding the applicability of the policies and guidance. FEMA 14
has merged and streamlined the language in the guide to: 15
• Provide clear and concise policy language to minimize multiple interpretations;16
• Eliminate duplicative language and redundancy; and 17
• Provide ease in searching for policy language on specific topics.18
This document also includes updates based on Title 2 Code of Federal Regulations (CFR) 19
part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for 20
Federal Awards. The rules at 2 CFR part 200 combined and superseded eight Office of 21
Management and Budget (OMB) Circulars. It also superseded 44 CFR part 13. 22
The table below describes notable updates to this version of the guide: 23
Administrative
1. Labor Costs, Donated Resources, Mutual Aid, and Duplication of Benefits
policies incorporated from 9500 series publications
2. HMGP Post Fire Mitigation language added
3. Added language allowing RA the option to review a declaration request the
following day after the request is submitted.
4. Declaration criteria language added to include “order of priority”.
5. Added language providing guidance on “Follow-on” Declaration Requests”
6. Added language regarding merging declared fires into a fire complex
7. Added language providing guidance on closing the Incident Period
8. Clarified and updated language regarding Indian Tribal Governments
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Fire Management Assistance Grant Program and Policy Guide (Draft 1.0)
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Administrative
9. FMAG FEMA-State (FSA) and FEMA-Tribal Agreement (FTA) citations and
language updated
10. Added language allowing the use of Electronic signatures
11. Added CATEX language regarding EHP
12. Specified a 3-year Period of Performance (POP) for FMAG Grants
13. Updated Procurement and Contracting language
14. Added language that addresses Direct Federal Assistance
Cost Eligibility Added language to address certain ineligible costs from 44 CFR part 204
Language added regarding Equipment and Supplies
Incorporated additional language on procurement and contracting
The FMAG Program and Policy Guide is in effect for incidents declared on or after (Month, 24
day, and year to be added.) 25
FEMA will make updates to this guide on an annual basis as necessary and will conduct a 26
comprehensive review no less than every three years. If FEMA determines it necessary to 27
publish new or updated policy language before the next scheduled update, FEMA will update28
the electronic version of this document, issue a memo describing the additions or updates,29
and post both documents at https://www.fema.gov/fire-management-assistance-grant-30
program. 31
We look forward to your feedback to help inform the next version. 32
Please send any comments or suggestions to improve this Guide to: 33
FMAG Program 34
Public Assistance Division, 6th Floor, Rm 6NE-1006 35
Federal Emergency Management Agency 36
500 C Street, SW 37
Washington, D.C. 20438
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Background 39
A wildfire’s behavior is unpredictable and can change direction unexpectedly, spread across 40
fire breaks and highways, and destroy or damage homes, buildings, and any other structures 41
in its path. Uncontrolled fires can rapidly turn into blazing infernos producing fear, economic 42
loss, disrupted lives, and loss of life and property. 43
Controlling fires is the responsibility first of the local community and then the State. At times, 44
however, their combined efforts are not sufficient to stop the spread of the fire and mitigate 45
fire risk to the built environment. When this occurs, the State may request Federal 46
assistance to supplement State, Tribal, and local efforts. The Robert T. Stafford Disaster 47
Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. §5121, et 48
seq. (Stafford Act) authorizes the President to provide Fire Management Assistance in 49
response to a declared fire. Federal assistance is coordinated through the Department of 50
Homeland Security’s Federal Emergency Management Agency (FEMA). Under the FMAG 51
Program, FEMA provides assistance in the form of grants for equipment, supplies, and 52
personnel costs, to any State, tribal government, or local government for the mitigation, 53
management, and control of any fire on public or private forest land or grassland that 54
threatens such destruction as would constitute a major disaster.1 55
The FMAG Program replaced FEMA’s Fire Suppression Assistance Program when Section 56
420 of the Stafford Act was amended by the Disaster Mitigation Act of 2000, Public Law 57
106-390 and is effective for all fires declared on or after October 30, 2001. In order to58
ensure proper implementation of the program, it is vital that those involved at any level with 59
the FMAG Program share a common understanding of the program policies and procedures. 60
To support this goal, FEMA has prepared this guide as an effort to provide the State, Tribal, 61
and local partners with information about the program.62
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1 Throughout this document, any references to State(s) also applies to Territories.
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Table of Contents 70
Foreword to the 2020 FMAG Program and Policy Guide .......................................................... 71
Background .................................................................................................................................. 72
Table of Contents ....................................................................................................................... 1 73
Chapter 1: Organization ................................................................................................................. 4 74
Purpose ....................................................................................................................................... 4 75
Supersession .............................................................................................................................. 4 76
Authorities and Foundational Documents ................................................................................ 5 77
Document Management and Maintenance ............................................................................. 5 78
Chapter 2: Declaration Process .................................................................................................... 8 79
Submitting a Declaration Request ............................................................................................ 8 80
Declaration Request Processing ............................................................................................... 8 81
Declaration Criteria ................................................................................................................ 9 82
Information for the Declaration Request.................................................................................. 9 83
Follow-on Declaration Request ........................................................................................... 10 84
Fire Complex ......................................................................................................................... 10 85
Incident Period ..................................................................................................................... 10 86
Duties, Roles, and Responsibilities ........................................................................................ 12 87
State Role ............................................................................................................................. 12 88
FEMA Regional Office Role .................................................................................................. 12 89
FEMA Headquarters Office Role ......................................................................................... 13 90
Appeal of Denied Declaration Request .............................................................................. 14 91
FEMA-State and FEMA-Tribal Agreements ......................................................................... 15 92
Electronic Signatures ........................................................................................................... 17 93
Inclusion of Affected Counties ............................................................................................ 17 94
Modifying a Declaration Request to Add Counties ............................................................ 18 95
Rollup .................................................................................................................................... 18 96
Direct Federal Assistance (DFA) .......................................................................................... 19 97
Chapter 3: Eligibility ..................................................................................................................... 20 98
Environmental and Historic Preservation ............................................................................... 20 99
Grant and Subgrant Applicants ............................................................................................... 20 100
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Eligible Costs Overview ............................................................................................................ 21 101
Equipment and Supplies ..................................................................................................... 21 102
Labor Costs – Generally ...................................................................................................... 22 103
Travel and Per Diem ............................................................................................................ 25 104
Pre-Positioning Costs ........................................................................................................... 26 105
Emergency Work/Essential Assistance .............................................................................. 27 106
Temporary Repairs ............................................................................................................... 28 107
Mobilization and Demobilization......................................................................................... 28 108
Donated Resources ................................................................................................................. 29 109
Donated Resource Limitations ............................................................................................ 29 110
Post-Fire Hazard Mitigation Grants (HMGP Post Fire) ........................................................... 30 111
Ineligible Costs ......................................................................................................................... 30 112
Chapter 4: Mutual Aid .................................................................................................................. 32 113
Mutual Aid ................................................................................................................................ 32 114
Post-Incident Agreements ................................................................................................... 32 115
Eligibility ................................................................................................................................ 33 116
Chapter 5: Grant Management ................................................................................................... 35 117
Grant File .................................................................................................................................. 35 118
Grant Application and Approval Timeframe ....................................................................... 35 119
State or Tribal Mitigation Plan Requirement ...................................................................... 36 120
Period of Performance ......................................................................................................... 36 121
Request for Information ...................................................................................................... 36 122
Fire Cost Threshold .............................................................................................................. 37 123
Administrative Plan .............................................................................................................. 37 124
Recipient Responsibilities ....................................................................................................... 38 125
Subawards ................................................................................................................................ 39 126
Eligible Subaward Entities ................................................................................................... 39 127
Request for Fire Management Assistance Subgrant (RFMAS) (FF 089-0-24) ................. 39 128
Project Worksheets .................................................................................................................. 39 129
Procurement and Contracting Requirements .................................................................... 40 130
Procurement Standards ...................................................................................................... 41 131
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Cost Share ................................................................................................................................ 44 132
Duplication of Benefits ........................................................................................................ 44 133
Negligence and Intentional Acts ......................................................................................... 46 134
Administrative Costs ............................................................................................................ 47 135
Recipient............................................................................................................................... 47 136
Appeals of Grant Eligibility ....................................................................................................... 48 137
Grant Closeouts........................................................................................................................ 49 138
Audit Requirements and Documentation ............................................................................... 50 139
Audits .................................................................................................................................... 50 140
Documentation ..................................................................................................................... 50 141
Appendix A: List of Acronyms ...................................................................................................... 50 142
Appendix B: Glossary ................................................................................................................... 51 143
Appendix C: Authorities and Foundational Documents ............................................................. 57 144
Appendix D: Documentation to Support Costs ............................................................................. 1 145
Appendix E: Effects on Community Functions/Services/Economy ............................................ 1 146
Appendix F: FMAG Forms............................................................................................................... 1 147
Appendix G: Fire Danger Rating Systems ..................................................................................... 2 148
Appendix H: References and Resources ...................................................................................... 8 149
Appendix I: Stafford Act, Part 420, Fire Management Assistance ........................................... 11 150
Appendix J: 44 CFR Part 204 ...................................................................................................... 13 151
Appendix K: Map of FEMA Regions ............................................................................................. 30 152
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CHAPTER 1: ORGANIZATION 155
Purpose 156
This guide describes the basic provisions, processes, and procedures of the FMAG. Under 157
this cost-share grant program, FEMA provides grant assistance to assist in reimbursement 158
for equipment, supplies, and personnel to any state, Indian Tribal Government (tribal 159
government), or local government for the mitigation, management, and control2 of any 160
declared fire on public or private forest land or grassland that threatens such destruction as 161
would constitute a major disaster. 162
The FMAG Program is based on a partnership of FEMA, state, tribal, territorial, and local 163
officials, and is codified under Stafford Act, Title IV – Major Disaster Assistance Programs. 164
FEMA is responsible for managing the program, reviewing and approving declaration 165
requests, approving grants, and providing technical assistance to the state and applicants. 166
The State, in most cases, acts as the Recipient for the FMAG Program. FEMA, the state, and 167
the applicant are all responsible for grants awarded under the FMAG Program. The state, as168
the Recipient, educates potential applicants, works with FEMA to manage the program, and169
is responsible for implementing and monitoring the grants awarded under the program. 170
After a declaration, an Indian Tribal Government may choose to be a Recipient or, if 171
permitted under state law, it may act as a Subrecipient under the state. A tribal government 172
acting as the Recipient will assume the responsibilities of a “state” for the purpose of 173
administering the grant. 174
Local and tribal officials are responsible for providing accurate and sufficient data to the 175
state, including documenting costs incurred in response to an FMAG Program Declaration 176
and fire suppression efforts. 177
Supersession 178
This Guide does not supersede statutes, regulations, or Department of Homeland Security 179
(DHS) directives or manuals. 180
2 Mitigation, management, and control are those activities undertaken, generally during the incident period of a
declared fire, to minimize the immediate adverse effects and to manage and control the fire.
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Authorities and Foundational Documents 181
The FMAG Program is based on a hierarchy of statutes, regulations, and policies. These 182
authorities govern the criteria under which FEMA provides funds under the FMAG Program. 183
Federal Statutes: Statutes are laws passed by the U.S. Congress and signed by the 184
President. They cannot be changed or waived by FEMA or any other government agency or 185
official. 186
The FMAG Program is authorized by section 420 of the Stafford Act (42 U.S.C. 5187). 187
Section 420: 188
• Authorizes the President to provide Fire Management Assistance to state and local189
governments;190
• Requires coordination with the state and the Tribal Departments of Forestry;191
• Allows the President to provide Essential Assistance under Section 403 of the192
Stafford Act;193
• Allows 404 Hazard mitigation assistance when assistance is provided under section194
420; and195
• Requires the establishment of rules and regulations to carry out the program.196
Regulations: Regulations are rules designed to implement a statute based on an agency’s 197
interpretation of a statute. They establish the basic requirements for administering a 198
program. Typically, regulations are published through an official process that allows for 199
public comment. Regulations have the full force and effect of law and must be complied 200
with once they are implemented. The regulations published in Title 44 of the Code of Federal 201
Regulations, part 204 (44 CFR) part 204) govern the FMAG Program and detail the program 202
procedures, eligibility, and requirements. 203
Additional regulations regarding grant administration and allowable costs are found in 2 CFR 204
part 200—Uniform Administrative Requirements, Cost Principles, And Audit Requirements 205
For Federal Awards. Recipients and Subrecipients of FMAG grants are required to adhere to 206
2 CFR part 200 in administering the grants. 207
Policies: Policies clarify or provide direction for specific situations within the parameters 208
established by the Stafford Act and regulations that pertain to the FMAG Program. FEMA 209
writes and publishes policies to ensure consistency in interpretation across the nation. 210
FMAG Program policies are included in other Public Assistance (PA) program policies. 211
Document Management and Maintenance 212
The FEMA Office of Response and Recovery (ORR), Doctrine and Policy Office is responsible 213
for the management and maintenance of this document. Comments and feedback from 214
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FEMA personnel and stakeholders regarding this document should be directed to the 215
Doctrine and Policy Office at FEMA headquarters (HQ). 216
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CHAPTER 2: DECLARATION PROCESS 229
Submitting a Declaration Request 230
When an uncontrolled fire on non-federal public or private forest or grassland is such a 231
threat that, in the opinion of the on-scene commanders or other government officials, the 232
fire threatens such destruction that would constitute a major disaster, the Governor may 233
request assistance from the FMAG Program. 234
To begin the FMAG Program declaration process, the Governor of a state or the Governor’s 235
Authorized Representative (GAR) submits a request for a Fire Management Assistance 236
declaration. In addition to the declaration request, the Governor may also designate the GAR 237
to execute, on behalf of the state, all necessary documents for requesting fire management 238
assistance. 239
Declaration Request Processing 240
The Governor or GAR must submit a request while the fire is burning uncontrolled and 241
threatening such destruction as would constitute a major disaster (44 CFR § 204.22). 3 To 242
ensure a fire’s threat level as a major disaster is documented as soon as possible, the state 243
should submit data and information that documents the severity of the fire and threat level.244
All available documentation should be submitted day or night in accordance with 245
established regional procedures. To expedite processing the state’s declaration request, the 246
request should be submitted verbally by telephone to the FEMA Regional Administrator (RA) 247
or designated FEMA Regional Fire Duty Officer (FDO), Fire Action Officer (FAO), or other 248
assigned staff. 249
When submitting a declaration request, the Governor of a state or the GAR should provide 250
factual data and professional estimates as available to support the request. The state’s 251
verbal request must be followed up with the completed Request for Fire Management 252
Assistance Declaration, FEMA Form (FF) 078-0-1. The information on FF 078-0-1 provides 253
written confirmation of information submitted during the telephone declaration request and 254
is required for official FEMA files. All official forms, including the FF 078-0-1 and the 255
Principal Advisor’s Report, FF 078-0-2, must be received in FEMA’s HQ Declaration Office 256
within 14 days of the date of the phone request to the FEMA regional office. 257
The FEMA region will review and evaluate the fire data and information submitted by the 258
state and render a decision based on the conditions that existed at the time the 259
documentation was submitted. Using the data and information submitted by the state at the 260
3 Indian tribal governments may not directly request FMAG declarations. See 42 U.S.C. § 5187, Stafford Act §
420.
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time of the request, the RA may review the declaration request and make a decision either 261
at the time the request is submitted or the following day. As part of the decision-making 262
process, the region, state, and Principal Advisor may ask questions and exchange 263
information at any time to clarify or verify the data and information previously submitted. 264
Declaration Criteria 265
While all four of the following criteria from 44 CFR § 204.21 are considered when evaluating 266
a request for an FMAG declaration, the criteria are considered in order of descending priority 267
during the evaluation process of a threat of a fire or fire complex: 268
• Threat to lives and improved property, including threats to critical269
facilities/infrastructure and critical watershed areas;270
• Availability of state and local firefighting resources;271
• High fire danger conditions, as indicated by nationally accepted indices such as the272
National Fire Danger Ratings System (NFDRS); and273
• Potential major economic impact.4274
Information for the Declaration Request 275
Required Information: For FEMA to apply the evaluation criteria in 44 CFR § 204.21, the 276
following information, if available, should be included in both the verbal and written 277
requests: 278
• Size of fire(s) in acres or square miles;279
• Name, location, and population of community(ies) threatened;280
• Number of primary and secondary residences and businesses threatened;281
• Distance of fire to nearest communities;282
• Number of persons evacuated to date, if applicable;283
• Current and predicted (24-hour) weather conditions; and284
• Degree to which state and local resources are committed to this fire and other fires in285
federal, state, or local jurisdictions.286
To further support a declaration request, the state may append additional documentation to 287
the Request for Fire Management Assistance Declaration, including: 288
• Fire severity maps;289
• Geographic, topographical, or land assessment maps; or290
• Incident status summary report (ICS-209).291
4 Appendix E has information that may be used to determine the potential major economic impact.
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Follow-on Declaration Request 292
A state may resubmit a previously denied FMAG declaration request as long as the fire is still 293
burning uncontrolled and threatening such destruction as would constitute a major disaster. 294
The follow-on request should contain new or additional information/data that reflects a 295
change in the fire’s threat level. Once the fire is controlled, the state may not resubmit a 296
request, but may submit an appeal as discussed under “Appeal of Denied Declaration 297
Request” on page 10. 298
Fire Complex 299
A state may submit a request to the RA for an FMAG declaration for a fire complex. Pursuant 300
to 44 CFR § 204.3, all fires within the complex should be located in the same general area. 301
All fires within a complex should be managed by the same Incident Commander and should 302
be approved under the fire declaration. Even though an entire complex may be designated 303
in a declaration request, not all fires within the complex will automatically qualify. FEMA, in 304
cooperation with the state, will determine which fires are eligible under the FMAG 305
declaration. 306
A state may request that FEMA HQ merge one or more declared fires into an existing 307
declared fire complex when the following criteria are met: 308
• The fires are managed by the same incident commander; 309
• The fire(s) to be joined to the complex must each meet all criteria for an FMAG310
declaration, including the threat of a major disaster; 311
• The fire(s) are in close geographic proximity or have burned together; and,312
Fires administratively joined into a complex must have a single incident period whose313
dates are determined in accordance with FMAG regulations and policy.314
Incident Period 315
The RA in consultation with the GAR and Principal Advisor, determine the dates of the 316
incident periods. The Incident Period (IP) of an FMAG declared fire usually begins on the 317
date of the declaration. If the state requests that an IP starts before the date of the state’s 318
declaration request, the factors and circumstances supporting that request should be 319
documented by the GAR and reviewed and approved by the RA. Potentially eligible factors 320
that may affect the start date of the IP include, but are not limited to, documented 321
immediate threats to life and property that occurred prior to the declaration request where 322
evacuations or other actions were necessary to prevent loss of life, property, or damage to 323
critical infrastructure or critical watershed areas. 324
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The IP is normally considered closed when the fire is controlled as defined by the National 325
Wildfire Coordinating Group.5 Other factors to consider in closing the IP may include one or 326
more the following: 327
• The fire threat to homes/critical public facilities no longer exists;328
• Evacuation orders have been lifted;329
• Roadblocks and road closures have been lifted;330
• Fire suppression resources are demobilizing from the incident;331
• Transition to lower level Incident Management Team;332
• High confidence in security of fire suppression containment lines;333
• Absence of approaching weather event which may impact fire behavior; or334
• Percent of containment.335
All FMAG incident periods administratively begin at 0001 (12:01am) in the time zone of the 336
fire on the approved declaration date and end at 2359 (11:59pm) in the time zone of the 337
fire on the approved date of closure. “As stated in the “Fire Complex” section, fires 338
administratively joined into a complex must share a common IP. The common IP is 339
determined by the RA in consultation with the Incident Commander and Principal Advisor. 340
Generally, wildland firefighting costs must be incurred during the IP of a declared fire to be 341
considered eligible under 44 CFR § 204.42(a). However, costs related to pre-positioning,342
mobilizing, and demobilizing incurred outside of the approved IP may be determined to be343
eligible costs. These costs are discussed in detail in Chapter Three: Eligibility. 344
The beginning and ending dates of the declared fire(s) or fire complex IP are official as 345
documented in Attachment C from the FEMA FMAG State Agreement (FSA). Any change to 346
the IP requires the submission of a revised Attachment C. 347
Tribal Government Assistance Under FMAG 348
“Tribal governments that received assistance under the FMAG program can choose to seek 349
additional FEMA assistance (assistance not covered under the FMAG) in a number of ways: 350
(1) request their own major disaster or emergency declaration6; (2) be Recipients under a351
state major disaster or emergency declaration; or (3) be Subrecipients under a state major352
disaster or emergency declaration. Tribal governments that request their own major disaster353
5 In accordance with the NWCG, controlled means: “Completion of control line around a fire, any spot fires
therefrom, and any interior islands to be saved; burned out any unburned area adjacent to the fire side of the
control lines; and cool down all hot spots that are immediate threats to the control line, until the lines can
reasonably be expected to hold under the foreseeable conditions.” 6 The Sandy Recovery Improvement Act gave federally recognized tribal governments the authority to request
their own major disaster or emergency declarations.
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or emergency declarations have different declaration factors and are not held the per capita 354
indicators used for states or counties.” 355
Duties, Roles, and Responsibilities 356
State Role 357
The Governor or GAR is responsible for submitting a fire declaration request. The request 358
should be submitted by telephone to the FDO or FAO. Following a phone request, the 359
Governor or GAR must complete the Request for Fire Management Assistance Declaration, 360
FF 078-0-1, and submit it to the RA no later than 14 days after the date of the initial phone 361
request. 362
FEMA Regional Office Role 363
The regional office is responsible for receiving the declaration request, obtaining additional 364
information from the state if the declaration request is incomplete or insufficient to make a 365
determination, and for making the declaration decision. 366
Within the regional office, the FDO, FAO, or other assigned staff are the primary point of 367
contact for FMAG requests. The FDO or FAO will request an assessment of the fire from the 368
Principal Advisor.7 After all the information is obtained from the state and verified with the 369
assistance of the Principal Advisor, the FDO or FAO contacts the Region’s Recovery Division 370
Director for a briefing prior to briefing the RA. The RA approves or denies the request. If the 371
request is approved, the Regional Fire Duty Liaison receives the FMAG declaration number 372
from the HQ Office Declaration Unit and provides the number to the state. 373
The RA evaluates the declaration request and approves or denies the request based on: 374
• Evaluation criteria; 375
• Information provided in the state’s request; and 376
• Principal Advisor’s Report. 377
The threat posed by a fire or fire complex is evaluated using the state’s declaration request. 378
The following information is used to evaluate the threat: 379
The fire or fire complex threatens lives and improved property, including critical 380
facilities/infrastructure and critical watersheds. Improved properties include, but are not 381
limited to: 382
• Homes (single family and multi-family [e.g., townhouses, condos, apartments]); 383
• Hospitals, prisons, and schools; 384
7 See “Principal Advisor’s Role” in the following section.
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• Police and fire stations; 385
• Water treatment facilities; 386
• Public utilities; and 387
• Major roadways. 388
Availability of state and local firefighting resources: 389
• The degree of commitment by federal, state, tribal, and local resources to other fires; 390
and 391
• The lack of available federal, state, tribal, and local wildland firefighting resources. 392
High fire danger conditions as indicated by nationally accepted indices: 393
• NFDRS; 394
• Keetch-Byram Drought Index; 395
• Palmer Drought Index; 396
• Haines Index; and 397
• Canadian Forest Fire Danger Rating System (CFFDRS). 398
Potential major economic impact: 399
• State level; 400
• Local level; and 401
• Regional level. 402
Following the RA’s decision, the region informs the state of the FMAG approval or denial. 403
Once a determination is rendered, the regional point of contact provides a summary email of 404
the declaration facts to the RA and other FEMA leadership. 405
Principal Advisor’s Role 406
The Principal Advisor provides technical assistance to the FDO or FAO regarding the fire or 407
fire complex that is under consideration for a declaration request. The Principal Advisor 408
completes the Principal Advisor’s Report (FF 078-0-2), and provides it to the FDO, FAO, or 409
reports the information verbally. Specifically, the Principal Advisor provides a technical 410
assessment regarding the weather, fire behavior, and fire prognosis. The Principal Advisor’s 411
Report (FF 078-0-2) is used to verify the information and facts submitted by the state, not to 412
recommend whether to approve or deny a state’s declaration request. 413
The Principal Advisor’s Report is included as part of the state’s declaration request package 414
submitted to the FEMA regional office. The Report should be submitted to FEMA’s regional 415
office no later than 14 days after the date of the state’s request for an FMAG declaration. 416
FEMA Headquarters Office Role 417
The Deputy Associate Administrator (AA) of the ORR, the Recovery Assistant Administrator, 418
and Declarations Section receive the region’s summary email of the declaration or denial 419
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facts immediately following the decision to approve or deny the FMAG request by the RA. If 420
the declaration request was approved, the Declarations Unit responds to the FEMA region 421
with the FMAG number assigned to the declared fire and prepares and sends a letter from 422
the FEMA Administrator to the White House regarding the determination. Additionally, the 423
Declarations Unit provides the assigned FMAG declaration number to the FDO or FAO. 424
Appeal of Denied Declaration Request 425
If FEMA denies the state’s request for a declaration, the state 426
has one opportunity to appeal the denial. The appeal must be 427
submitted in writing to the RA no later than 30 days from the 428
date of the letter informing the state of the denial. The 429
appeal should contain any additional information that 430
strengthens the state’s original request for assistance. 431
The RA will review the appeal, prepare a recommendation, 432
and forward the appeal package to the FEMA HQ Office. The 433
FEMA HQ Office notifies the state of its determination, in writing, within 90 days of receipt of 434
the appeal or receipt of the additional requested information. 435
The state may request a time extension to submit the appeal. The request for an extension 436
must be submitted in writing to the RA no later than 30 days from the date of the letter 437
denying the declaration request. The request for an extension must include a justification for 438
the need for an extension. The FEMA HQ Office evaluates the need for the extension based 439
on the reasons cited in the request and renders a determination. The regional office will 440
notify the state in writing whether the extension request is granted or denied. 441
Indian Tribal Governments 442
Pursuant to 44 CFR § 204.22, Governors and GARs are the only officials authorized to 443
request FMAG declarations. Indian Tribal Governments are not authorized to make FMAG 444
declaration requests at this time. While tribal governments typically receive fire suppression 445
assistance through other federal agencies, they may seek assistance as a Recipient or as a 446
Subrecipient under a declared FMAG to the extent the requested assistance is not available 447
from another federal source. After a declaration is approved, a tribal government may act 448
as a Recipient, or it may act as a subrecipient under the State, if permitted under state law A Tribal 449
Government acting as Recipient assumes all responsibilities of a “state” for the purpose of 450
administering the grant. 451
Post-Declaration Mitigation Plan Requirements 452
A State or Indian Tribal Government intending to apply to FEMA for grant assistance under 453
the FMAG Program must have a formally approved State/Tribal Mitigation Plan. If the state 454
or tribal government does not have a FEMA-approved Mitigation Plan in accordance with 44 455
IMPORTANT
See page 6 of this
Guide on process to
submit a Follow-On
Declaration Request
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15
CFR § 204.51(d)(2) it must formally submit a Mitigation Plan for FEMA’s review and 456
approval within 30 days of the signature date of the Amendment of the FSA for the FMAG 457
Program. FEMA has 45 days to review the plan. FEMA will not approve the application for 458
assistance under the FMAG Program if the state or tribal government does not have an 459
existing FEMA-approved Mitigation Plan or fails to submit one within the required timeframe. 460
FEMA-State and FEMA-Tribal Agreements 461
The FEMA -State Agreement or (FSA) or FEMA-Tribal Agreement (FTA) for the FMAG Program 462
(the Agreement) is a legally binding document that outlines the terms and conditions under 463
which grant funding is provided for FMAG declarations. The Agreement details applicable 464
laws and regulations governing the program. 465
The Agreement is in effect for one calendar year. It must be updated annually and, ideally, 466
should be signed each January before the start of fire season. The Agreement lists the GAR 467
or the Tribal Chief Executive (TAE), or the TCE’s Authorized Representative (TAR), and other 468
officials authorized to act on the behalf of the State. An FTA must be signed if an tribal 469
government wishes to serve as a Recipient. 470
The Agreement consists of 10 articles and three attachments. An FMAG FSA/FTA template 471
is available from the FEMA HQ Declarations Section or FMAG Program Office. The ten 472
articles and three Attachments are listed below: 473
Articles 474
I. Purpose and Background 475
II. General Provisions 476
• Grant Award Package 477
• FEMA Responsibilities 478
• State/Tribe Responsibilities 479
• Certification and Waivers 480
• Federal Assistance 481
• Controlling Authorities 482
III. Funding 483
• Payment Process 484
• Availability of Funding 485
IV. Reporting 486
• Federal Financing and Performance Reports 487
• Project Closeout 488
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• Enforcement 489
• Records Retention 490
V. Recovery of Funds 491
• In General 492
• Duplication of Benefits 493
• Cooperation 494
• State Responsibilities 495
• Statute of Limitations 496
• Refunds, Rebates, and Credits 497
VI. Performance Periods 498
VII. Remedies for Non-Compliance 499
VIII. Attachments 500
IX. Amendments 501
X. Signatures and Effective Date 502
• Counterpart Signatures 503
• Effective Date 504
Attachments 505
Attachment A: State/Tribe Certification Officers 506
• Attachment A designates the GAR/TAR and Alternate GAR/TAR empowered by the 507
Governor/Tribal Chief Executive to execute all necessary documents for FMAG 508
Program, including the declaration request (in the case of the State) and application 509
for a Fire Management Assistance Grant. 510
(Note: In cases where an FTA has been signed by the Chief Executive 511
of the Indian Tribal Government, the State/Tribe Certification Officers 512
listed in Attachment A of the agreement designates and empowers an 513
Indian tribal representative and Alternate Tribal representative to 514
execute the application for an FMAG grant. Until Attachment A has 515
been completed, only the Chief Executive of the Indian Tribal 516
Government has the authority to submit the application for a Fire 517
Management Assistance Grant). 518
Attachment B: Certification for Contracts, Grants, Loans, and Cooperative Agreements 519
• This attachment certifies that no federal appropriated funds are used to influence or 520
attempt to influence officers or employees of an agency, member of Congress, an 521
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officer of employee of Congress in connection with the awarding of a federal grant or 522
loan, cooperative agreement, or an extension continuation, renewal, amendment, or 523
modification of these. This certification is required by the regulations implementing 524
the “New Restrictions on Lobbying,” 44 CFR part 18. 525
Attachment C: Declaration Amendments 526
• After a state’s declaration request has been approved, the Governor or GAR should 527
immediately sign the Amendment (described below) of the FSA for the FMAG 528
Program. The Amendment must be signed by the state (or Indian Tribal Government 529
when appropriate) and FEMA for each declared fire that occurs within the calendar 530
year. 531
• The Amendment contains specific information for each declared fire, including the 532
name of the fire or fire complex, declaration number, affected counties, and IP. The 533
Amendment must be completed for each declared fire and appended to the 534
Agreement. The GAR or Chief Executive of the Indian Tribal Government as identified 535
on the list of State/Tribe Certification Officers can sign the Amendment on behalf of 536
the State or Indian Tribal Government. 537
If a state does not have a signed FSA prior to submitting a declaration request to FEMA, the 538
state should sign an Agreement immediately after FEMA has approved the declaration 539
request. If the Agreement is signed after the first fire is declared, the Governor must sign 540
both the Agreement and Attachment C. The state must sign and submit the Agreement prior 541
to, or with, the submittal of the FMAG Program grant assistance request (Request for 542
Federal Assistance, SF 424). Funding will not be obligated until the Governor signs the 543
Agreement (or Chief Executive of the Indian Tribal Government, when appropriate, signs). 544
Failure to sign the Agreement may result in denial of the FMAG. 545
Electronic Signatures 546
Electronic signatures may be used by a state or other government officials when submitting 547
FEMA Forms 078-0-1, 078-0-2, and 089-0-24. If electronic signatures are used by a state or 548
Indian Tribal Government, the governor of that State/Chief Executive must ensure that 549
authorization to e-sign documents is on file with the appropriate FEMA region and HQ. FEMA 550
will not accept e-signatures from a state or other government official if there is no legal 551
authority for authorization to e-sign documents for the Governor/Chief Executive GAR/TAR , 552
or other official. 553
Inclusion of Affected Counties 554
Block 15 of FF 078-0-1 (Request for Fire Management Assistance Declaration) provides an 555
entry for the county(ies) affected by the fire. Only one county is required to be listed on the 556
FF 078-0-1 at the time of submission. All counties affected by the declared fire must be 557
listed in Attachment C of the FSA when it is submitted. 558
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Modifying a Declaration Request to Add Counties 559
If a declared fire or fire complex burns into adjacent counties, the additional counties 560
including any tribal lands, may be eligible for assistance under the declared fire. In order to 561
be eligible, the state must provide sufficient information to justify assistance for the 562
additional counties. The state must submit the same type of information for the requested 563
add-on county(ies) as was provided to FEMA for the original declaration request. All 564
information is evaluated on the threat of the fire, potential economic impact, weather 565
conditions, and committed and available resources. Once all information is submitted, FEMA 566
will evaluate and decide whether to designate the additional county(ies). If the request to 567
add counties is denied, the appeal process is the same as that for a denied fire declaration 568
request as described in this guide and in 44 CFR § 204.26. 569
Fires Crossing State Lines 570
If a declared fire crosses from one State into another State, the adjacent State must request 571
their own FMAG declaration if they are seeking assistance. The declaration request will be 572
evaluated based on the threat posed by the fire in that State. 573
Rollup 574
In situations where a state has received an FMAG declaration(s), the state may ultimately 575
deem it necessary to request a major disaster or emergency declaration in response to the 576
wildfires or wildfire threat. The FMAG Program is FEMA’s primary vehicle to assist state, 577
tribes, and local governments responding to wildland fires. As such, FEMA will generally not 578
recommend a major disaster declaration for a wildland fire, unless the fire has significant 579
impacts and costs that cannot be addressed by the FMAG Program. Therefore, when 580
evaluating a request for a major disaster as a result of a wildland fire, FEMA will not use 581
costs that are eligible, or could have been eligible, under an FMAG declaration to meet the 582
state or countywide per capita indicators for the major disaster wildland fire declaration. 583
In order for FEMA to recommend that the President declare a major disaster, the request 584
must meet the indicators under 44 CFR § 206.37(c)(1) and 44 CFR § 206.48. To declare 585
an emergency, the request must meet the language under 44 CFR § 206.37(c)(2). 586
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If either a major or an emergency declaration is 587
approved in addition to an FMAG declaration, 588
eligible costs may be claimed under the most 589
appropriate declaration. The Recipient must ensure 590
that costs claimed under one declaration type are 591
not also claimed and reimbursed under the other 592
declaration. In the case of a major disaster 593
declaration for a fire that received an FMAG 594
declaration, generally eligible costs should be 595
claimed under the major disaster declaration, so 596
that the state can maximize funding under the 597
Hazard Mitigation Grant Program. Figure 1 shows 598
the FEMA regions. 599
Direct Federal Assistance (DFA) 600
DFA is not authorized for FMAG declarations. 601
IMPORTANT
When evaluating a request for a
major disaster as a result of a
wildland fire, FEMA will not use
costs that are eligible, or could
have been eligible, under an
FMAG declaration to meet the
state or countywide per capita
indicators for the major disaster
wildland fire declaration.
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20
CHAPTER 3: ELIGIBILITY 602
This section discusses the eligibility criteria for the FMAG 603
Program. These include: 604
• Eligible Applicants for Grants and Subawards; 605
• Eligible work and costs 606
Applicant eligibility and eligible costs are discussed in their 607
entirety in 44 CFR subpart C – Eligibility, § 204.41 – § 608
204.43. Figure 2 shows the criteria factors for a FMAG 609
Program. 610
Environmental and Historic Preservation 611
Fire Management Assistance Section 420 is excluded from National Environmental Policy 612
Act review via a categorical exclusion.8 613
Grant and Subgrant Applicants 614
Eligible Applicants: Those entities legally responsible for the firefighting activities for which 615
reimbursement is being requested. The following applicants are eligible to apply through the 616
Recipient: 617
• State agencies; 618
• Local governments; and 619
• Indian Tribal Governments. 620
Under an FMAG Program declaration, an affected tribal government may elect to serve as 621
Recipient, or it may act as a Subrecipient of the state. A tribal government acting as 622
Recipient must assume all the responsibilities of a state as outlined in 44 CFR part 204 for 623
the purpose of administering a grant. A tribal government must have an FTA and an 624
approved Tribal Mitigation Plan in place in order to serve as a Recipient. 625
Ineligible Applicants: Governmental entities that do not have legal responsibility for the 626
firefighting activities, privately owned entities, and volunteer firefighting organizations. 627
8 Appendix A, DHS List of Categorical Exclusions, Table 1, List of Categorical Exclusions, page A-28. Fire
management Assistance § 420. See link in this document, Appendix I. page 57 under Environmental
Protection Laws and Executive Orders (EOs).
Costs
Applicants
Figure 1 : FMAG Eligibility Factors
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21
However, ineligible applicants may receive payment through a compact, mutual aid 628
agreement, or contract with an eligible applicant for eligible costs associated with the 629
declared fire or fire complex. Such payments are contingent on a FEMA determination that 630
the activities meet all other eligibility criteria. 631
Eligible Costs Overview 632
All eligible work and related costs must be associated with the IP of a declared fire. FMAG 633
Program eligible work directly related to the declared fire is documented into two general 634
categories: 635
• Category B – (Emergency Protective Measures): Limited assistance provided under 636
Section 403 of the Stafford Act; and 637
• Category H – (Fire-fighting Activities): Eligible work associated with fire-related 638
activities provided under Section 420 of the Stafford Act. 639
• Category Z – (Administrative costs): Limited assistance provided for costs associated 640
with requesting, obtaining, and administering a grant for a declared fire. 641
Eligible work performed must be: 642
• The legal responsibility of the applicant, whether it was performed by the applicant’s 643
own agents or through a secondary party as described in the preceding paragraphs; 644
• Required as a result of the declared fire; and 645
• Located within the designated area. 646
Eligible costs include, but are not limited to the 647
following: 648
• Equipment and supplies; 649
• Labor costs; 650
• Travel and per diem; 651
• Temporary repairs of damage caused by 652
firefighting activities; 653
• Mobilization and demobilization; and 654
• Limited pre-positioning costs approved by the 655
RA. 656
Recipient and Subrecipient administrative costs are discussed in Chapter 5: Grant 657
Management. Eligibility of costs incurred by entities working through Mutual Aid Agreements 658
is discussed in Chapter 4: Mutual Aid. 659
Equipment and Supplies 660
Eligible Costs
44 CFR part 204 and 2 CFR part
200—Uniform Administrative
Requirements, Cost Principles, And
Audit Requirements For Federal
Awards provide definitive guidance
on Eligible Costs and should be
consulted when making eligibility
determinations.
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22
Purchase of supplies and equipment that are necessary to respond to the declared fire may 661
be eligible. The Recipient or Subrecipient, however, may be required to compensate FEMA 662
for the fair market value of the equipment and supplies when the items are no longer 663
needed for fire suppression activities. 664
Recipients and subrecipients should consult the applicable sections in 2 CFR part 200 for 665
complete guidance regarding equipment and supplies. These include, but are not limited to, 666
2 CFR § 200.33 and § 200.313 both titled “Equipment.” 2 CFR § 200.48 has guidance on 667
General Purpose Equipment. Guidance on supplies is found in 2 CFR § 200.94 and § 668
200.314. 669
FEMA will reimburse applicants for costs associated with equipment and supplies used on 670
declared fires. Eligible costs include: 671
• Personal comfort and safety items normally provided by the state under field 672
conditions for firefighter health and safety; 673
• Replacement of firefighting supplies, tools, and materials that are expended, lost, or 674
destroyed, with comparable items to the extent not covered by reasonable insurance. 675
Reimbursement for ownership and operation costs of applicant-owned equipment 676
based on equipment rate guidelines in 44 CFR § 206.228(a)(i), (ii), and (iii); 677
• Operation and maintenance costs of publicly owned, contracted, rented, or volunteer 678
firefighting department equipment to the extent any of these costs are not included 679
in applicable equipment rates; 680
• Payment for use of U.S. government-owned equipment based on reasonable actual 681
costs as billed by a federal agency and paid by the state. Reimbursement for the use 682
of Federal Excess Personal Property is based only on the direct cost for use of the 683
equipment; 684
• Repair of applicant-owned equipment is determined by FEMA’s regional office based 685
on repair of damaged applicant-owned equipment less insurance proceeds. The 686
FEMA regional office will determine equipment rate costs on the lowest applicable 687
equipment rates, which may be FEMA, the U.S. Forest Service, or state or local rates, 688
depending on the piece of equipment and the formula used to calculate the rate; and 689
• Costs to replace applicant-owned equipment that is lost or destroyed in firefighting 690
activities with comparable equipment of the same age, capacity, and condition to the 691
extent not covered by reasonable insurance. 692
Labor Costs – Generally 693
Federal assistance may be provided to eligible applicants for eligible labor costs incurred in 694
the performance of emergency work resulting from an FMAG-declared fire. 695
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Applicant Labor Policies 696
FEMA determines the eligibility of overtime, premium pay, and compensatory time costs 697
based on the Applicant’s pre-disaster written labor policy, provided that the policy: 698
• Does not include a payment contingency clause subject to federal funding; 699
• Is applied uniformly regardless of a Stafford Act declaration; and 700
• Has set non-discretionary criteria for when the Applicant activates various pay types. 701
All costs, including premium pay, must be reasonable and equitable for the type of 702
work being performed. 703
If these requirements are not met, FEMA limits FMAG funding to reasonable costs for the 704
work performed. 705
Eligibility Criteria Based on Type of Employee 706
Budgeted Employees: For budgeted employees performing emergency work, only overtime 707
labor is eligible. Budgeted employees may include: 708
• Permanent employees 709
• Seasonal employees working during their normal season of employment 710
Unbudgeted Employees: For unbudgeted employees performing emergency work, both 711
straight-time and overtime labor are eligible. Unbudgeted employees may include: 712
• Permanent employees funded from an external source 713
• Temporary employees hired to perform eligible work 714
• Essential employees called back from administrative leave 715
• Seasonal employees who work outside of their normal season of employment 716
Backfill Employees: The costs of force account or temporary labor to backfill regular 717
employees who perform eligible emergency work may be eligible. There are several 718
circumstances that may affect the eligibility of costs to use backfill employees. 719
• If a backfill employee is hired on a contract or temporary basis, straight-time and 720
overtime costs are eligible. 721
• If a backfill employee is a budgeted employee, the cost of straight-time salaries and 722
benefits is not eligible, regardless of any inter-departmental agreements. 723
• If the backfill employee is a budgeted employee who is called in on their day off 724
(weekend or other off day), there may be an extra cost to the applicant. If so, regular 725
and overtime costs will be eligible. 726
• If the backfill employee is called in from scheduled leave, there should be no extra 727
cost as the leave can be rescheduled. Only the overtime is eligible. 728
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• Generally, exempt employees (e.g., those who are exempt from minimum wage and 729
overtime provisions of the Fair Labor Standards Act) are not eligible for overtime, 730
unless specified in an applicant’s pre-disaster labor policy. 731
Other Labor Resources Including Labor Obtained Under Agreement: 732
• The straight-time and overtime costs of employees who are funded from sources 733
other than the applicant’s own budget (e.g., a grant from a federal agency, statutorily 734
dedicated funds, rate-payers) to work on specific non- disaster tasks are eligible 735
when they perform emergency work that the external source does not fund. FEMA 736
must confirm no duplication of funding prior to approval. 737
• Mutual aid costs are eligible in accordance with guidance in Chapter 4: Mutual Aid. 738
• Contract costs are eligible based on the terms of the contract, provided the Applicant 739
meets federal procurement and contracting requirements. The straight-time salary 740
and benefits of force account labor overseeing the contractors performing emergency 741
work are not eligible. 742
Volunteer Labor: The value of volunteers who perform eligible emergency work can be 743
credited toward the non-federal cost share of the applicant’s emergency work in accordance 744
with guidance in Chapter Three: Eligibility – Donated Resources. 745
Other Eligibility Considerations 746
Other eligibility considerations include: 747
• Extraordinary costs (including but not limited to, call back pay, night-time or weekend 748
differential pay, hazardous duty pay) for essential employees who are called back to 749
duty during administrative leave to perform disaster-related emergency work are 750
eligible if the costs were provided for in a written policy implemented prior to the 751
disaster. 752
• Salaries and benefits for employees sent home or told not to report due to 753
emergency conditions are not eligible for reimbursement. 754
In cases where firefighters are deployed to work on both declared and undeclared fires, the 755
applicant should track which days/hours are related to each fire. In the event it is not 756
tracked and documented, FEMA will evaluate any claims and determine whether sufficient 757
data is provided to fund costs on a prorated basis. 758
Stand-by Time 759
Subject to the provisions of the specific labor cost eligibility criteria above, FEMA will also 760
reimburse costs for stand-by time incurred in preparation for, and directly related to, actions 761
necessary to save lives and protect public health and safety, provided it is reasonable, 762
necessary, and consistent with the applicant’s practice in non-federally declared events. 763
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Examples of when FEMA may reimburse stand-by time labor costs include, but are not 764
limited to: 765
• When bus drivers are prudently deployed to transport evacuees, even if the bus is not 766
ultimately used for evacuations; or 767
• When first responders are prudently deployed for the purpose of evacuating or 768
providing emergency medical care to survivors in order to save lives or protect health 769
and safety, even if the employee does not ultimately perform eligible emergency 770
work; or 771
• When a contract or union agreement requires payment for stand-by time. 772
Cost Reasonableness 773
In order to be eligible, costs must be reasonable and necessary in accordance with 774
2 CFR § 200.404. 775
Hours worked: FEMA will determine whether the number of hours claimed are reasonable 776
and necessary based on evaluating: 777
• The severity of the incident; 778
• Whether the work was performed at a time when it was necessary to work 779
extraordinary hours based on the circumstances of the incident; 780
• The function of the employee for which the hours are claimed; and, 781
• The number of consecutive hours the employee worked. 782
Stand-by time: FEMA will determine whether any stand-by time claimed is reasonable and 783
necessary based on the following: 784
• If there is a contractual obligation to pay for stand-by time based on a labor 785
agreement; and 786
• If the stand-by time occurred at a time when it was necessary to have resources 787
available to save lives and protect health and safety. 788
For instance, Applicants may be required to pay firefighter costs from portal-to-portal, which 789
may result in paying for 24-hour shifts with periods of rest. FEMA will reimburse costs based 790
on such requirements. However, FEMA will limit its reimbursement to that which is 791
reasonable and necessary, not to exceed 14 calendar days from the start of the IP. In 792
addition to all other documentation required to support labor costs, the Applicant must 793
provide the data that led to its decisions and actions. 794
Travel and Per Diem 795
Eligible costs include: 796
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26
• Travel and per diem for all state, Indian tribal, and local governmental employees 797
who provide services requested by the Incident Commander and directly associated 798
with declared and eligible fire-related activities; and 799
• Field camps and meal costs when provided in lieu of per diem. 800
Pre-Positioning Costs 801
States may pre-position federal, out-of-state, state, international, and local resources during 802
extreme fire hazards to improve initial response capabilities. Pre-positioning is the 803
temporary relocation of existing fire prevention or suppression resources from an area of low 804
fire danger to one of higher fire danger in anticipation of an increase in fire activity likely to 805
constitute the threat of a major disaster. 806
Pre-positioning costs incurred up to a maximum of 21 days before the date of the fire 807
declaration may be eligible under the FMAG Program, even when staged outside the 808
designated area. Pre-positioning costs for out-of-state, state, federal, and international pre-809
positioned resources that were actually used on the declared fire are eligible. Pre-positioning 810
of privately-owned local resources (those physically located within a state) may be eligible; 811
however, state or local government-owned/operated resources are not eligible. Costs 812
incurred to pre-position resources that remained at the staging area and were not used on 813
the declared fire are not eligible. 814
For example, if one staging area has three helicopters pre-positioned and only one of the 815
helicopters is used in the wildland firefighting efforts for a declared fire, then only the pre-816
positioning costs for that one helicopter are eligible for funding. The use of one piece of 817
equipment on a declared fire does not make pre-positioning costs for an entire staging area 818
(e.g., all three helicopters) eligible for funding. 819
The RA must approve all pre-positioning costs. For pre-positioning costs to be eligible under 820
FMAG Program, the State must: 821
• Notify the RA of its intention to seek funding for pre-positioning resources at the time 822
it submits the declaration request (or immediately thereafter). Since pre-positioning 823
is undertaken in anticipation of an event, it is reasonable for a state to know whether 824
it anticipates submitting costs for pre-positioning at the time the declaration request 825
is approved or immediately thereafter; 826
• Document specific pre-positioned resources by number, type, and location; 827
• Estimate the cost of the pre-positioned resources and the duration of pre-positioning; 828
and, 829
• Provide detailed justification for pre-positioning, including scientific indicators such 830
as drought indices, current allocation of state firefighting resources, weather 831
conditions, and the number of wildland fires currently burning in the state. 832
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27
Parties are encouraged to have a written mutual aid agreement in place prior to a declared 833
fire that addresses pre-positioning costs. For further guidance see Chapter 4: Mutual Aid. 834
Emergency Work/Essential Assistance 835
FEMA may provide funding under FMAG Program for essential assistance to reduce or 836
minimize immediate threats to life and property under Section 403 of the Stafford Act when 837
such assistance is directly related to the mitigation, management, and control of the 838
declared fire. 839
Mitigation, management, and control are those activities undertaken generally during the IP 840
of a declared fire to minimize the immediate adverse effects and to manage and control the 841
fire. Only emergency work performed during the IP of a declared fire is eligible for funding. 842
Essential mitigation, management, and control activities under section 403 may include: 843
• Police barricading and traffic control; 844
• Extraordinary emergency operations center expenses; 845
• Evacuation and sheltering (people, household pets, and service animals); 846
• Search and rescue; 847
• Arson patrol and investigation teams operating during the declared fire IP when there 848
is a clear continuing threat; 849
• Public information dissemination to inform people what to do during the declared 850
fire; 851
• Limited removal of burned or unburned trees (e.g., snags) that pose a threat to the 852
safety of the general public; and 853
• Where negligence or intentional setting of the fire are suspected, exigent and 854
immediate actions to secure and protect evidence that faces imminent destruction or 855
prevent a suspect’s imminent escape. 856
Mitigation activities designed to reduce the potential for future fires or to minimize damage 857
from future fires are ineligible for funding under FMAG Program. 858
Examples of eligible emergency work include: 859
• Search and rescue and emergency medical care; 860
• Reasonable supervision and administration in the receiving jurisdiction that is 861
directly related to eligible emergency work; 862
• The cost of transporting equipment and personnel by the Providing Entity to the 863
incident site, 864
• Costs incurred in the operation of the Incident Command System (ICS), such as 865
operations, planning, logistics, and administration, provided such costs are directly 866
related to the performance of eligible work on the declared fire to which such 867
resources are assigned; 868
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28
• State Emergency Operations Center assistance in the receiving state to support 869
emergency assistance or Tribal Emergency Operations Center assistance (when 870
appropriate) and, 871
• Dissemination of public information authorized under Section 403 of the Act. 872
Examples of ineligible emergency work include: 873
• Training, exercises, on-the-job training; 874
• Costs for staff performing work that is not eligible under the FMAG program; 875
• Costs of preparing to deploy or “standing-by” (except to the extent allowed in 44 CFR 876
§ 204.42[e]); 877
• Dispatch operations outside the receiving state; 878
• Tracking of Emergency Management Assistance Contact (EMAC) and U.S. Forest 879
Service I-Suite/Incident Cost Accounting and Reporting System resources; and 880
• Situation reporting not associated with ICS operations. 881
Temporary Repairs 882
Temporary repair of damage caused by firefighting activities are short-term actions to repair 883
damage directly caused by firefighting efforts or activities. All temporary repair of damage 884
caused by firefighting activities must be completed within 30 days of the close of the IP for 885
the declared fire. It should be noted that temporary repair of damage caused by firefighting 886
activities does not include repair of damage caused by the declared fire. Additionally, the 887
eligible cost of temporary repairs is less any proceeds covered by insurance. 888
Examples of temporary repair activities that may be eligible for funding include: 889
• Minimal repairs to bulldozer lines, field camps, and staging areas to address safety 890
concerns. For example, severe gouging of the grounds of a heavily trafficked park or 891
recreation area may be eligible to be filled or boarded over to mitigate public safety 892
and health concerns. However, temporary repairs would not include a complete re-893
grading of an entire park or recreation area. 894
• Minimal repairs to facilities, such as fences, buildings, bridges, and roads damaged 895
by firefighting activities. For example, repair of a portion of a fence that was removed 896
to gain access to a declared fire with a section of chain link fence may be eligible. 897
Mobilization and Demobilization 898
Costs for mobilizing and demobilizing resources to and from a declared fire may be eligible 899
for reimbursement under the FMAG Program. 900
Mobilization is the process used for activating, assembling, and transporting all resources 901
the Recipient requested to respond to or support a declared fire. 902
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29
Demobilization is the process of deactivating, disassembling, and transporting back to their 903
point of origin all wildland firefighting resources that had been provided to respond to and 904
support a declared fire. 905
Eligible demobilization costs may be incurred after the close of the IP, when the fire is 906
controlled, and may be claimed at a delayed date after other eligible costs. 907
If resources are continuously mobilized throughout multiple declared/non-declared fires, 908
incurred eligible de-mobilization costs may be claimed once for the last declared fire where 909
the resource was actually used. 910
Donated Resources 911
In some fires, individuals and organizations donate volunteer labor, equipment, and 912
material. FEMA has determined that the value of “in-kind” contributions by third parties may 913
be credited toward the calculation of the non-federal cost share. 914
Donated resources used on eligible work that is essential to meeting immediate threats to 915
life and property resulting from a declared-FMAG fire may be credited toward the non-federal 916
share of grant costs. Donated resources may include volunteer labor, donated equipment, 917
and donated materials. 918
Donated resources are eligible to offset the non-federal share of eligible Categories B and H, 919
if they meet the following criteria: 920
The donated resources must be documented by a local public official or a person designated 921
by a local public official. The documentation must include a record of hours worked, the 922
work site, and a description of work for each volunteer, and equivalent information for 923
equipment and materials. RAs may establish alternate documentation requirements when 924
required by an extraordinarily demanding situation. 925
The donated resources must apply to emergency work that has been organized by an eligible 926
applicant and is eligible under the FMAG Program. Examples include, but are not limited to: 927
• Donating equipment/materials to assist with fire-fighting operations; and 928
• Search and rescue when part of an organized search and rescue operation. 929
Donated resources must be documented on one or more Project Worksheets (PWs). 930
The value of donated resources must be calculated in accordance with 2 CFR § 200.306, 931
Cost sharing or matching. 932
Donated Resource Limitations 933
Donated resource limitations include the following: 934
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30
• A state or tribe may claim credit for the value of donated resources only according to 935
the disaster cost share agreement for the non-federal share of cost for the eligible 936
work. 937
• Reasonable logistical support for volunteers doing eligible work may be considered938
an eligible cost or donations credit by the RA.939
• Donated resources submitted for credit toward the non-federal share may not be940
from another federal grant or from other federally-funded sources.941
• The donations credit is capped at the non-federal share of emergency work so that942
the federal share will not exceed the actual out-of-pocket cost.943
Post-Fire Hazard Mitigation Grants (HMGP Post Fire) 944
The Disaster Recovery Reform Act of 2018 (DRRA) allows FEMA to provide Hazard Mitigation 945
Grant Program (HMGP) grants under Section 404 in any area that received a FMAG 946
declaration even if no major Presidential declaration was declared. The assistance includes 947
measures that substantially reduce the risk of future damage, hardship, loss, or suffering in 948
any area affected by a major disaster, or any area affected by a fire for which assistance 949
was provided under section 420. 950
HMGP Post Fire is administratively separate from the FMAG Program and the regulations 951
and policies that govern these programs are distinct. 952
Questions about HMGP Post Fire regulations, policies, and procedures should be directed to 953
the appropriate Hazard Mitigation Grant Program staff. An HMGP Post Fire Fact Sheet and 954
the Final Policy can be found here: https://www.fema.gov/media-955
library/assets/documents/179296 956
Ineligible Costs 957
Ineligible costs include, but are not limited to the following: 958
• Costs not directly associated with the fire’s IP (with the exception of pre-positioning959
and mobilization/demobilization of eligible resources);960
• Costs incurred in the mitigation, management, and control of undeclared fires;961
• Costs for the straight or regular-time salaries and benefits of permanently employed962
or reassigned personnel of a Subrecipient;963
• Costs for mitigation, management, and control of a declared fire on commingled964
federal land when such costs are reimbursable to the state by a federal agency under965
another statute;966
• Assistance will only be provided for the declared fire responsible for meeting or967
exceeding the cumulative fire cost threshold and any future declared fires for that968
calendar year. Any previously declared fires during the calendar year which failed to969
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meet the individual fire cost threshold and did not trigger the cumulative fire cost 970
threshold are not eligible for any assistance under the FMAG Program; 971
• Time and costs expended by volunteer labor, which by nature is offered on a donated 972
basis and is not bound by contract or employment terms (see “Donated Resources” 973
section); 974
• Routine arson investigations; and, 975
• Costs related to planning, pre-suppression, recovery, and mitigation of possible 976
future damage related to the burn area of the declared fire, such as: 977
o Planning actions such as risk assessments; 978
o Cutting fire-breaks without the presence of an imminent threat; 979
o Pre-planned non-field training; 980
o Road widening; 981
o Land rehabilitation such as seeding, planting operations, or erosion control; 982
o Timber salvage; and 983
o Restoration of facilities damaged by fire. 984
985
986
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CHAPTER 4: MUTUAL AID 987
Mutual Aid 988
When an Applicant does not have sufficient resources to respond to an incident, they may 989
request resources from another jurisdiction through a “mutual aid” agreement. FEMA refers 990
to the entity requesting resources as the Requesting Entity. FEMA refers to the entity 991
providing the requested resource as the Providing Entity. 992
FEMA provides FMAG funding to the Requesting Entity as it is legally responsible for the 993
work. FEMA does not provide FMAG funding directly to the Providing Entity. For the work to 994
be eligible, the Requesting Entity must have requested the resources provided. 995
Some states have a statewide mutual aid agreement that designates the state as being 996
responsible for reimbursing mutual aid costs. In these states, the Providing Entity may 997
request funding directly from the state, with prior consent of the Requesting Entity, in 998
accordance with applicable state laws and procedures. If the Requesting Entity and the 999
state approve the request and the state pays the Providing Entity, FEMA provides FMAG 1000
funding to the state. The Requesting Entity may be responsible for reimbursing the state for 1001
any non-federal local cost share, depending on specific state requirements. 1002
The Requesting Entity or state, if applicable, must provide a description of the services 1003
requested and received, along with documentation of associated costs (e.g., labor, 1004
equipment, supplies, or materials) to FEMA in support of a request for FMAG funding. 1005
Post-Incident Agreements 1006
When the Requesting and Providing Entities do not have a written agreement, or where such 1007
an agreement exists but is silent on reimbursement, the entities may verbally agree on the 1008
resources to be provided and on the terms, conditions, and costs of such assistance. 1009
The agreement should be consistent with past practices for mutual aid between the entities. 1010
For example, if the Requesting Entity does not normally reimburse a Providing Entity for its 1011
costs, it should not agree to do so specifically for the declared incident. 1012
Prior to funding, the Requesting Entity must document the verbal agreement in writing, have 1013
it executed by an official of each entity with the authority to request and provide assistance, 1014
and submit it to FEMA (preferably within 30 days of the Applicant’s Briefing).9 1015
9 The Recipient conducts Applicant Briefings to provide FMAG Program information to potential applicants.
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Eligibility 1016
Mutual aid is available for Category B (Emergency Work), Category H (Fire Suppression), and 1017
Category Z (Grant Management). Mutual aid work is subject to the same eligibility criteria as 1018
contract work. Costs to transport the Providing Entity’s equipment and personnel to the 1019
declared area are eligible. 1020
Ineligible work performed by a Providing Entity includes, but is not limited to: 1021
• Preparing to deploy or “standing-by”; 1022
• Dispatch operations outside the receiving state, territory, or tribe; 1023
• Training and exercises; and 1024
• Support for long-term recovery and mitigation operations. 1025
1026
The Providing Entity’s straight-time and overtime labor are eligible, including fringe benefits. 1027
When the Requesting Entity is a state, territorial, tribal, or local government and the 1028
Providing Entity is another division within the same state, territorial, tribal, or local 1029
government, straight-time for budgeted employees of the Providing Entity is not eligible. 1030
Overtime costs for the backfill employee are eligible even if the backfill employee is not 1031
performing eligible work as long as the employee that he/she is replacing is performing 1032
eligible Emergency Work. However, straight-time for backfill personnel is not eligible. 1033
FEMA reimburses the use of equipment provided to a Requesting Entity based on either the 1034
terms of the agreement or equipment rates. FEMA provides FMAG funding to repair damage 1035
to this equipment the same way as it provides FMAG funding to repair damage to Applicant-1036
owned equipment as described in Chapter 3: Eligibility. 1037
Emergency Management Assistance Compact (EMAC) 1038
The EMAC is a national interstate mutual aid agreement that enables States and territories 1039
to share resources in response to an incident. Work performed outside the receiving state or 1040
territory that is associated with the operation of EMAC, including tracking of resources, is not 1041
eligible unless the work is associated with the receiving state’s or territory’s emergency 1042
operations for the incident. 1043
Tribal governments cannot participate in EMACs due to statutory exclusion, however tribes 1044
can establish mutual aid agreements as a Providing or Requesting Entity with surrounding 1045
jurisdictions or with other tribal nations. 1046
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Prisoners 1047
FEMA provides FMAG funding for prisoner labor costs based on the rate that the Applicant 1048
normally pays prisoners. FEMA also provides FMAG funding for prisoner transportation to the 1049
worksite and extraordinary costs of security guards, food, and lodging. 1050
National Guard 1051
The Governor may activate National Guard personnel to State Active Duty in response to an 1052
incident. Labor costs and per diem, if applicable, are eligible for State Active Duty personnel 1053
performing eligible work. Both straight-time and overtime are eligible, including fringe 1054
benefits. 1055
The U.S. Department of Defense funds National Guard personnel activated under Full-Time 1056
National Guard Duty (Title 32) or Active Duty (Title 10). Therefore, Title 32 and Title 10, 1057
personnel costs and any other costs funded by the U.S. Department of Defense, such as 1058
training, are not eligible. 1059
1060
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CHAPTER 5: GRANT MANAGEMENT 1061
The Recipient is the State or Indian Tribal Government receiving an FMAG Program grant 1062
and is responsible for administering the grant. There is only one Recipient for each declared 1063
fire, except when a State Recipient and an Tribal Recipient are under the same fire 1064
declaration. Only the state agency as designated by the Governor in the FSA for FMAG 1065
Program for the declared fire, or a tribal government, can be designated as the Recipient. 1066
General administrative requirements for grants and cooperative agreements are found in 2 1067
CFR part 200. Additional program specific requirements for the FMAG Program are found in 1068
44 CFR part 204. 1069
Grant File 1070
The regional office maintains an FMAG grant file that may include the following forms:10 1071
• SF-424 Request for Federal Assistance 1072
• FF-078-0-1 Request for Fire Management Declaration 1073
• FF-078-0-2 Principal Advisor’s Report 1074
• FF-089-0-24 Request for Fire Management Assistance Subgrant (RFMAS) 1075
• FF-009-0-0-7 Project Worksheet (PW) 1076
• FF-20-16a Assurances Non-Construction Programs 1077
• SF-269 Financial Status Report 1078
• SF-425 Federal Financial Report 1079
The FEMA regional office is responsible for reviewing grant applications for eligibility, 1080
submitting quarterly and final fiscal reports, approving and obligating funds, and monitoring 1081
and oversight of the Recipients and Subrecipients overall grant activities. 1082
Grant Application and Approval Timeframe 1083
The state or tribal government must submit its initial grant application, the Request for 1084
Federal Assistance (SF-424), no later than nine months after the date of the fire declaration. 1085
At the request of the applicant , the RA may extend the time limitations in this section for up 1086
to 6 months when the applicant justifies and makes a request in writing. 1087
The RA has 45 days from the receipt of the applicant’s initial grant application or an 1088
amendment to the applicant’s grant application to approve or deny the application package 1089
or amendment or to notify the applicant of a delay. Before the RA can approve the grant 1090
application, the applicant must demonstrate that it: 1091
10 A Link to FMAG Forms is found in Appendix H: References and Resources
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• Met the fire cost threshold; 1092
• Has an approved Administrative Plan; and 1093
• Has an approved Mitigation Plan. 1094
State or Tribal Mitigation Plan Requirement 1095
Section 322 of the Stafford Act and implementing regulations (44 CFR parts 201 and 204) 1096
require governments to take a proactive approach to mitigation planning. Before FEMA can 1097
approve a state or tribal FMAG Program application, the Recipient must have a FEMA-1098
approved State or Tribal Mitigation Plan that addresses wildfire risks and mitigation 1099
measures. The intent of requiring hazard mitigation planning to receive FMAG Program 1100
grants is to identify the wildfire hazards and cost-effective mitigation alternatives that 1101
produce long-term benefits. 1102
Post-disaster grant assistance will not be authorized under any new declaration during the 1103
time that the state or tribal government does not have a FEMA-approved mitigation plan. 1104
FEMA will not obligate funds unless a state or tribal government, acting as a Recipient, has a 1105
FEMA-approved mitigation plan. This is not a permanent stop to or loss of funding, but rather 1106
a temporary hold on obligations/awards until the mitigation plan is approved by FEMA in 1107
accordance with 44 CFR parts 201 and 204. 1108
Period of Performance 1109
The period of performance (POP) for all FMAG grants will begin on the first day of the 1110
incident period and will initially extend three years from the date of declaration, with the 1111
ability for FEMA to extend, as appropriate. 1112
Therefore, the start and end dates listed in block 17 of the SF-424 should be dated for a 1113
three-year period. The FMAG POP includes the IP and the time interval for the Recipient and 1114
all Subrecipients to submit eligible cost and have those costs processed, obligated, and 1115
closed out by FEMA. 1116
Request for Information 1117
FEMA regions may send a Request for Information (RFI) to a Recipient to obtain additional 1118
supporting or clarifying information to substantiate payment claims. The Recipient must 1119
respond to the RFI within 30 days of receipt. If the period to respond to the RFI expires, the 1120
region will issue payment based on information previously submitted by the Recipient. 1121
A Recipient may request in writing an additional 30 days to respond to the RFI. The 1122
Recipient’s request for additional time should be addressed to the PA Branch Chief and 1123
requires the PA Branch Chief approval. In addition, the request must include a justification 1124
and be submitted prior to the expiration of the first 30 days. 1125
1126
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37
Fire Cost Threshold 1127
When submitting a grant application, the state must demonstrate that it has met either the 1128
individual or cumulative fire cost threshold. To demonstrate that the individual or cumulative 1129
fire cost threshold has been met, the state or FEMA staff must document the total eligible 1130
costs for a declared fire on PWs. The documented eligible costs and the Request for Federal 1131
Assistance are submitted as part of the grant application. 1132
It is important to note that the cost for the pre-positioning of wildland firefighting resources 1133
is not considered when determining whether a grant application meets the fire cost 1134
threshold. The costs for all eligible fires within a declared fire complex are aggregated and 1135
treated as an individual fire for purposes of meeting or exceeding the fire thresholds. 1136
Amendments to the initial grant application may be submitted thereafter, increasing the 1137
overall value of the grant. 1138
Individual Fire Cost Threshold: The individual fire cost threshold is based on total eligible 1139
costs for the declared fire. The individual fire cost threshold for a state is the greater of the 1140
following: 1141
• $100,000; or 1142
• 5% x the statewide per capita indicator x the state population (the statewide per 1143
capita indicator is adjusted annually for inflation (e.g., the FY20 indicator is $1.53). 1144
Cumulative Fire Cost Threshold: The cumulative fire cost threshold is based on total eligible 1145
costs incurred during the calendar year for all declared fires and total costs incurred on non-1146
declared wildland fires (federal costs not billed/payable by the state cannot be included in 1147
this calculation). The cumulative fire cost threshold for a state is the greater of the following: 1148
• $500,000; or 1149
• 3 x 5% the statewide per capita indicator x the state population (the statewide per 1150
capita indicator is adjusted annually for inflation (e.g., the FY20 indicator is $1.53). 1151
NOTE: The fire cost thresholds for each state are adjusted annually for inflation using the 1152
Consumer Price Index for All Urban Consumers published by the U.S. Department of Labor. 1153
As tribal governments may only receive FMAG funding under a state FMAG declaration, once 1154
an FMAG declaration is approved and the State’s fire cost threshold is met, a tribal 1155
government may apply as a Recipient or Subrecipient. 1156
Administrative Plan 1157
In accordance with 44 CFR § 204.51(d)(1), the Recipient must develop an Administrative 1158
Plan or have a current FEMA-approved Administrative Plan on file with the FEMA regional 1159
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office that describes the procedures for administering the FMAG Program. The plan may be 1160
a stand-alone document or an addendum to the PA Program Administrative Plan. 1161
At a minimum, the Administrative Plan must include: 1162
• The designation of the agency (e.g., Recipient) that will have responsibility for 1163
program administration; 1164
• The identification of staffing functions, sources of staff to fill these functions, and 1165
management and oversight responsibilities of each; and 1166
• Procedures for: 1167
o Notifying potential applicants of the availability of the program; 1168
o Assisting FEMA in determining applicant eligibility; 1169
o Submitting and reviewing subgrant applications; 1170
o Processing payment requests for subrecipients; 1171
o Submitting, reviewing, and accepting performance and financial reports; 1172
o Monitoring, closing-out, auditing, and reconciling of subgrants; 1173
o Recovering funds for disallowed costs; 1174
o Processing appeal requests and requests for time extensions; and, 1175
o Providing technical assistance and materials on the application procedures, 1176
program eligibility guidance, and program deadlines. 1177
The Recipient should review its FMAG Program Administrative Plan annually and make 1178
necessary amendments to reflect changes in programmatic guidance or signatory parties. 1179
The Recipient may request the RA provide technical assistance in preparing the 1180
Administrative Plan. 1181
Recipient Responsibilities 1182
The Recipient is responsible for administering an FMAG Program grant. Recipient 1183
responsibilities include, but are not limited to the following: 1184
• Submitting the grant application package to the RA for review and approval; 1185
• Managing the administration and operation of FMAG Program in coordination with 1186
FEMA; 1187
• Disbursing funding to subrecipients; 1188
• Monitoring subgrant awards; 1189
• Submitting required fiscal reports; 1190
• Conducting closeouts; and, 1191
• Obtaining audits. 1192
The Recipient is the primary contact for transactions with and on behalf of applicants 1193
applying for a fire management assistance subgrant. The Recipient is responsible for 1194
submitting all fire management assistance Subrecipient requests and PWs to FEMA for 1195
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39
review and approval as part of the grant application package. The Recipient certifies 1196
applicant eligibility and that costs for work performed in the wildland firefighting activities 1197
comply with FEMA laws, regulations, policy, and guidance applicable to FMAG Program, as 1198
well as the terms and conditions outlined for the administration of the grant in the FMAG 1199
Program FSA. During the closeout process or an audit, should funds be disallowed, the 1200
Recipient is responsible for recovery and return of funds to FEMA. 1201
Subawards 1202
Eligible Subaward Entities 1203
State and Indian Tribal Governmental agencies not designated as the Recipient, as well as 1204
local governmental entities, may be eligible for FMAG Program subawards. In cases where a 1205
tribal government is serving in a dual role as a Recipient and Subrecipient under the state’s 1206
declaration, all tribal government entities applying for subawards must submit their 1207
applications through the tribal government Recipient. Privately-owned entities, private 1208
nonprofits, and volunteer entities are not eligible for a subgrant, but may be reimbursed 1209
through mutual aid agreements with an eligible Subrecipient. 1210
Request for Fire Management Assistance 1211
Subgrant (RFMAS) (FF 089-0-24) 1212
State, Indian tribal, and local governments interested 1213
in applying for FMAG Program subawards must 1214
submit a Request for Fire Management Assistance 1215
Subgrant (RFMAS) to the Recipient in accordance 1216
with state procedures and within the timeframe 1217
established by the Recipient, but no later than 30 1218
days after the close of the IP. 1219
The RFMAS is an applicant’s official notification to both the Recipient and FEMA of its intent 1220
to apply for a subgrant. The form includes information identifying the applicant, including the 1221
applicant’s name, address, and primary and secondary contacts. The Recipient reviews the 1222
RFMAS and forwards it to the FEMA regional office. The RA then determines applicant 1223
eligibility and informs the Recipient of their determination. The Recipient then notifies the 1224
applicant. If approved, the subgrant application process may begin. 1225
Project Worksheets 1226
After approving a Recipient or Subrecipient’s request, FEMA regional staff may begin to work 1227
with the Recipient and local staff to prepare PWs. The RA may request the Principal Advisor 1228
to assist with PW preparation. If a Recipient or FEMA prepares a PW for a Subrecipient, the 1229
Subrecipient must review and concur with the PW. 1230
Large Projects
All FMAG Projects are processed
as large projects. Because FMAG
project worksheets are prepared
after final costs are known there
are no estimated payments and
no final inspections.
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40
Subrecipients must submit all PWs to the Recipient for review. The Recipient then submits 1231
them to the RA as part of its grant application. PWs must be greater than $1,000 to be 1232
eligible under the FMAG Program. This minimum threshold does not apply to PWs submitted 1233
for the direct and indirect costs of administration of a fire grant, as defined in 44 CFR § 1234
204.63. PWs must be submitted within the timeframe established by the Recipient, but no 1235
later than six months from the close of the IP. At the request of the Recipient, the RA may 1236
grant up to a six-month extension. 1237
Procurement and Contracting Requirements 1238
FEMA provides FMAG funding for contract costs based on the terms of the contract if the 1239
Applicant meets federal procurement and contracting requirements. This section provides 1240
information on federal procurement and contracting requirements. FEMA’s Procurement 1241
Guidance for Recipients and Subrecipients under 2 C.F.R. part 200 (Uniform Rules) 1242
provides additional details regarding federal procurement and contracting requirements. 1243
General Federal Procurement Requirements 1244
Federal procurement requirements for Tribal and local governments are found at 1245
2 CFR § 200.318 through 200.326. The requirements include, but are not limited to: 1246
• Providing full and open competition11 (Tribal Government Applicants may provide 1247
preference to Indian organizations or Indian-owned economic enterprises12 if the 1248
Applicant substantiates that it met the Indian Self-Determination and Education Act 1249
requirements). 1250
• Conducting the following steps to ensure the use of small and minority businesses, 1251
women’s business enterprises, and labor surplus area firms when possible:13 1252
o Place such organizations that are qualified on solicitation lists; 1253
o Ensure such organizations are solicited whenever they are potential sources; 1254
o Divide total requirements, when economically feasible, into smaller tasks or 1255
quantities; 1256
o Establish delivery schedules, where the requirement permits, which 1257
encourage their participation; 1258
o Use the services and assistance, as appropriate, of the Small Business 1259
Administration and the Minority Business Development Agency of the 1260
Department of Commerce; and 1261
11 2 C.F.R. § 200.319(a). 12 Per the Indian Financing Act of 1974, Pub. L. No. 93-262, § 2(e), 88 Stat 77 (codified as amended at 25
U.S.C. § 1452(f)), an Indian organization is the governing body of any federally recognized Tribe or an entity
established or recognized by the governing body. An Indian-owned economic enterprise is any commercial,
industrial, or business activity established or organized by a member of a Federal recognized Tribe for the
purpose of profit, provided that such Indian ownership constitutes 51 percent or more of the enterprise. 13 2 C.F.R. § 200.321.
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o Require prime contractor to conduct the above steps if subcontracting. 1262
Note that for Tribal Government Applicants, using the Indian Self-Determination and 1263
Education Assistance Act preference is considered to meet this requirement such 1264
that they do not need to separately follow the six socioeconomic steps outlined 1265
above. 1266
• Performing a cost or price analysis in connection with every procurement action 1267
above the simplified acquisition threshold,14 including contract modifications. The 1268
Applicant must make independent estimates before receiving bids or proposals.15 1269
Additionally, the Applicant must negotiate profit as a separate element of the price 1270
when it performs a cost analysis and for each contract in which there is no price 1271
competition.16 1272
• Evaluating and documenting the contractor’s integrity, compliance with public policy, 1273
record of past performance, and financial and technical resources.17 1274
• Ensuring that the contractor was not suspended or debarred.18 1275
• Prohibiting the use of statutorily or administratively imposed state, local, or tribal 1276
geographic preferences in evaluating bids or proposals except where expressly 1277
encouraged by applicable Federal law.19 1278
• Excluding contractors that develop or draft specifications, requirements, statements 1279
of work, or invitations for bids or requests for proposals from competing for such 1280
procurements to ensure objective contractor performance and eliminate unfair 1281
competitive advantage.20 1282
• Maintaining records to detail the history of the procurement including, but are not 1283
limited to: 1284
o Rationale for the method of procurement 1285
o Selection of contract type 1286
o Contractor selection or rejection 1287
o The basis for the contract price21 1288
Procurement Standards 1289
Applicants must comply with federal procurement under grants standards as a condition of 1290
receiving FMAG funding for contract costs for eligible work. Federal procurement under 1291
14 The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 C.F.R. § 2.101. The
threshold is adjusted periodically for inflation. 15 2 C.F.R. § 200.323(a). 16 2 C.F.R. § 200.323(b). 17 2 C.F.R. § 200.318(h). 18 2 C.F.R. § 200.213. This information can be found at http://www.sam.gov/SAM/. 19 2 C.F.R. § 200.319(b). 20 2 C.F.R. § 200.319(a). 21 2 C.F.R. § 200.318(i).
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42
grants standards for state and territorial governments are different than those for tribal and 1292
local governments. 1293
State and territorial government Applicants must: 1294
• Follow the same policies and procedures they would use for procurements with non-1295
federal funds; 1296
• Comply with 2 CFR § 200.322, Procurement of recovered materials; and 1297
• Ensure that every purchase order or other contract includes any clauses required by 1298
2 CFR § 200.326, Contract provisions.22 1299
Non-state Applicants (tribal and local governments) must use their own documented 1300
procurement procedures that reflect applicable state, territorial, tribal, and local government 1301
laws and regulations, provided that the procurements conform to applicable federal law and 1302
standards identified in 2 CFR § 200.317-326. This requirement applies to tribal 1303
governments even when the tribe is a Recipient. 1304
Tribal and local governments must conduct procurement transactions in a manner that 1305
complies with the following federal standards:23 1306
• Provide full and open competition;24 1307
• Conduct all necessary affirmative steps to ensure the use of small and minority 1308
businesses, women’s business enterprises, and labor surplus area firms when 1309
possible;25 1310
• Exclude contractors that develop or draft specifications, requirements, statements of 1311
work, or invitations for bids or requests for proposals from competing for such 1312
procurements to ensure objective contractor performance and eliminate unfair 1313
competitive advantage;26 1314
• Maintain written standards of conduct covering conflicts of interest and governing 1315
the performance of employees who engage in the selection, award, and 1316
administration of contracts; and27 1317
• Maintain records sufficient to detail the history of the procurement. These records 1318
will include, but are not limited to: 1319
o Rationale for the method of procurement; 1320
o Selection of contract type; 1321
o Contractor selection or rejection; and 1322
22 2 CFR § 200.317. 23 2 CFR § 200.317-326. 24 2 CFR § 200.319(a). 25 2 CFR § 200.321. 26 2 CFR § 200.319(a). 27 2 CFR § 200.318(c)(1).
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o The basis for the contract price.28 1323
Tribal and local governments must use one of the following procurement methods:29 1324
• Micro-purchase; 1325
• Small purchase procedure; 1326
• Sealed bid (formal advertising); or 1327
• Competitive proposal (formal advertising). 1328
FEMA may reimburse costs incurred under a contract procured through a noncompetitive 1329
proposal only when one or more of the following apply: 1330
• The item is only available from a single source; 1331
• The public exigency or emergency for the 1332
requirement will not permit a delay resulting from 1333
competitive solicitation; 1334
• FEMA or the Recipient expressly authorizes a 1335
noncompetitive proposal in response to a written 1336
request from the tribal or local government; or 1337
• After solicitation of a number of sources, 1338
competition is determined inadequate.30 1339
Tribal or local governments must perform a cost or price 1340
analysis in connection with every procurement action in 1341
excess of the simplified acquisition threshold,31 including 1342
contract modifications.32 The method and degree of 1343
analysis depends on the facts surrounding the particular 1344
procurement situation. As a starting point, the tribal or 1345
local government must make independent estimates 1346
before receiving bids or proposals.33 Additionally, the tribal 1347
or local government must negotiate profit as a separate 1348
element of the price for each contract in which there is no 1349
price competition and, in all cases, where a cost analysis is 1350
performed.34 1351
28 2 CFR § 200.318(i). 29 2 CFR § 200.320. 30 2 CFR § 200.320(f). 31 The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR § 2.101. The
threshold is adjusted periodically for inflation. 32 2 CFR § 200.323(a). 33 2 CFR § 200.323(a). 34 2 CFR § 200.323(b).
Procurement Terminology
Micro-purchase: purchase of supplies
or services, the aggregate dollar
amount of which does not exceed the
micro-purchase threshold ($10,000).
Small purchase procedure: relatively
simple and informal procurement
method for securing services, supplies,
or other property that do not cost more
than the simplified acquisition
threshold set by the Federal Acquisition
Regulation at 48 CFR Subpart 2.1.
($250,000).
Sealed bid: publicly solicited bid
awarded via a firm fixed price contract
to the lowest responsive, responsible
bidder.
Competitive proposal: normally
conducted with more than one source
submitting an offer and generally used
when conditions are not appropriate
for the use of sealed bids.
Noncompetitive proposal: solicitation
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FEMA FMAG staff should coordinate with FEMA’s Office of Chief Counsel when evaluating 1352
whether the Applicant complied with federal procurement under grants requirements. Non-1353
compliance may result in remedies under 2 CFR § 200.338. 1354
Contracts 1355
FEMA reimburses costs incurred using three types of contract payment obligations: fixed-1356
price, cost-reimbursement, and, to a limited extent, time and materials (T&M)35. The specific 1357
contract types related to each of these are described under 2 CFR part 200. The specific 1358
contract types related to each of these are described in 2 CFR part 200. 1359
The Applicant must include required provisions in all contracts awarded36 and maintain 1360
oversight37 to ensure contractors perform according to the conditions and specifications of 1361
the contract and any purchase orders.38 1362
Tribal and local governments are prohibited from incurring costs under a cost plus a 1363
percentage of cost contract or a contract with a percentage of construction cost method. 1364
Although these types of contracts may be allowed under state or territorial government 1365
standards, the use of these contracts have a high risk of noncompliance with the 1366
requirement that all costs be reasonable.39 1367
The Davis Bacon Act, which requires “prevailing wage” payment to contracted workers 1368
based on the local union wage scale defined by the U.S. Department of Labor, does not 1369
apply to state, territorial, tribal, and local government contracts for FMAG-funded projects. 1370
However, if the Applicant incorporates prevailing wage rates as part of its normal practice for 1371
all contracts regardless of the funding source, then those rates are eligible. 1372
Cost Share 1373
Under 44 CFR § 204.61 the federal cost share for a FMAG Program Grant is 75 percent. The 1374
25 percent non-federal cost share can be provided in its entirety by the Recipient, 1375
Subrecipient, or a combination of the two. Under the FMAG Program regulations, FEMA may 1376
not adjust the cost share. All terms and conditions are outlined in the FSA/FTA and apply to 1377
all declared fires within each calendar year. 1378
Duplication of Benefits 1379
Pursuant to Section 312 of the Stafford Act, and 44 CFR § 204.62(a), FEMA may not 1380
duplicate benefits received by or available to the applicant from insurance, other assistance 1381
programs, legal awards, or any other source to address the same purpose. A Subrecipient 1382
35 The FMAG Program does not use T&M contracts. 36 2 CFR § 200.326. 37 2 CFR § 200.328. 38 2 CFR § 200.318(b). 39 2 CFR § 200.323(d).
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must notify the Recipient of all benefits that it receives or anticipates receiving from other 1383
sources for the same purpose and must seek all such benefits available to them. FEMA will 1384
reduce the grant by the amount available for the same purpose from other sources. 1385
Assistance may be provided under the FMAG Program when other benefits do not fully cover 1386
the eligible work. However, the applicant must repay FEMA for any duplicated amounts that 1387
it receives or has available to it from other sources. 1388
If an FMAG declaration runs concurrently with a major disaster declaration for a wildland 1389
fire, it is incumbent on the Recipient to ensure that costs claimed under one declaration are 1390
not also claimed under the other. 1391
FEMA does not provide assistance for activities for which another federal agency has more 1392
specific or primary authority to provide assistance. FEMA may disallow or recoup amounts 1393
that fall within another federal agency’s statutory authority. FEMA may provide assistance in 1394
such situations, but the applicant must agree to seek assistance from the appropriate 1395
federal agency and to repay FEMA for amounts that are within another agency’s authority. It 1396
is the applicant’s responsibility to notify the Recipient of any duplicate costs recovered from 1397
another federal agency. 1398
2 CFR § 200.306, and 2 CFR § 200.434, allows, but does not require, applicants to use the 1399
credit of third-party donations, such as cash and grants, designated solely for eligible work, 1400
to reduce the non-federal share of project costs. Designated third party funding that is not 1401
used towards reducing the non-federal share will be considered a duplication of benefits 1402
and will be used to reduce total project cost. 1403
Grants and cash donations designated for specific eligible work: 1404
• Grants and cash donations from non-federal sources designated for the same 1405
purpose as federal disaster funds generally are considered a duplication of benefits. 1406
However, these funds may be applied towards the non-federal cost share. All costs to 1407
be applied to the non-federal cost-share must be for eligible work under the program. 1408
Grants and cash donations not designated for specific eligible work: 1409
• Unless otherwise prohibited, grants and cash donations received for unspecified 1410
purposes (e.g., “recovery from fire/relief efforts”), or for work not eligible for FEMA 1411
assistance, do not constitute a duplication of benefits. 1412
The retention of duplicated funds is illegal. Duplicated funding received from FEMA must be 1413
returned to FEMA in accordance with Section 312(a) of the Stafford Act. 1414
1415
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1416
Negligence and Intentional Acts 1417
Pursuant to 44 CFR § 204.62(c), FEMA will not provide assistance to an applicant for costs 1418
attributable to its own negligence. If negligence by another party results in damages, 1419
assistance may be provided, on the condition that the applicant agrees to cooperate in all 1420
efforts necessary to recover the cost of such assistance from the negligent party. Any 1421
individual who intentionally causes a declared fire shall be liable to the United States to the 1422
extent of costs incurred. An individual will not be liable as a result of actions taken or 1423
omitted in the course of rendering care or assistance in response to the fire. 1424
If the applicant suspects negligence or intentional acts by a third party resulting in 1425
contributing to or igniting a declared fire, the applicant is responsible for taking all 1426
reasonable steps to recover costs from the third party. Any recovered costs are considered 1427
duplicated benefits and need to be remitted to FEMA. 1428
To ensure that applicants take reasonable steps toward cost recovery and possible 1429
prosecution of responsible entities, FEMA will require applicants to document their liability 1430
findings and proposed plan of action. The Recipient must work with the State’s/Tribe’s 1431
Attorney General to pursue legal avenues to recover costs from any negligent third party 1432
responsible for a declared fire. The state’s decision to prosecute for damages from a liable 1433
third party must be documented and signed by the State’s/Tribe’s Attorney General and 1434
provided by the Recipient to the regional office as part of the State’s/Tribe’s initial grant 1435
application or as a subsequent amendment. 1436
The Applicant must demonstrate reasonable efforts to recover costs from a negligent third 1437
party. If FEMA determines an applicant has not made reasonable efforts to recover costs 1438
from a negligent third party responsible for igniting a declared fire, FEMA may withhold or 1439
recoup funding from the grant. FEMA recognizes that it may not be feasible or cost effective 1440
for applicants to pursue cost recovery from all third parties responsible for igniting a 1441
declared fire. 1442
FEMA may pursue measures against a third party whose intentional acts contributed to the 1443
costs incurred by the declared fire even if an applicant chooses not to prosecute. 1444
When the declared fire was determined to have been caused by an intentional act, the 1445
Recipient and/or Subrecipient must agree to cooperate with the Federal government in any 1446
action it may take to recover costs. Specifically, 44 CFR § 204.62(d) requires “an agreement 1447
by the applicant to cooperate with [FEMA] in [its] efforts to recover the cost of the assistance 1448
from the liable party.” Again, when the State/Tribe signs the FSA/FTA, under Article 9 it 1449
agrees “...on its behalf and on behalf of its political subdivisions and other recipients of 1450
Federal disaster assistance, to cooperate with the Federal Government in seeking recovery 1451
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of funds...against any party or parties whose intentional acts or omissions may have caused 1452
or contributed to the damage or hardship for which federal assistance is provided... .” 1453
FEMA will review any costs recovered by the Recipient and/or Subrecipient for a fire caused 1454
by an act of negligence to determine if there is a duplication of benefits. Duplicated costs 1455
must be repaid based on the federal cost share. Consideration will be given to the terms and 1456
conditions of the award or settlement, and any additional legal costs incurred. 1457
Specific Actions 1458
For any suspected negligence or intentional acts, the applicant must take reasonable steps 1459
to recover all costs attributable to the negligence or intentional act. Such steps should 1460
include contact with local or state police and, if appropriate, the local prosecutor’s office to 1461
determine if it will conduct an investigation and whether criminal charges will be filed. 1462
States/Tribes should consider pursuing both criminal and civil avenues to recover damages 1463
and seek money judgments against responsible parties. Any funds recovered will be used to 1464
offset FEMA grant funds. 1465
Negligence and Intentional Acts and Pending Litigation 1466
Each year, numerous fires are either caused by negligence or started intentionally. These 1467
often result in a prolonged period of litigation which may delay grant closure. Resolution of 1468
the litigation may result in restitution of funds which would offset a portion of the total 1469
eligible cost of the fire and reduce the FEMA reimbursement and Recipient portions of 1470
eligible fire costs. While pending litigation may be prolonged, it should not interfere with or 1471
be an obstacle to closeout of a grant after all eligible fire costs have been submitted, 1472
processed, approved, paid, and all other grant requirements have been met. If funds are 1473
recovered as a result of the litigation after the grant has been closed, these grants will not 1474
require reopening to process adjustments for recovered funds or require an additional grant 1475
closeout after the adjustments are processed in the program system. The original date of 1476
grant closeout does not change. 1477
Administrative Costs 1478
Recipient 1479
Under 44 CFR § 204.63, the Recipient may claim both direct and indirect administrative 1480
costs for costs associated with requesting, obtaining, and administering a grant for a 1481
declared fire. Direct costs include regular and overtime pay and travel expenses for 1482
permanent, reassigned, temporary, and contract employees who assist in administering the 1483
grant. 1484
Funding for other direct costs incurred by the Recipient administering a grant, such as 1485
equipment and supply purchases, may be eligible, but must be approved by the RA. 1486
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Indirect costs incurred by the Recipient during the administration of a grant are allowed in 1487
accordance with the appropriate provisions of 2 CFR part 200 including 2 CFR § 200.414 1488
and Appendix VII. Except for Recipients who have never received a negotiated indirect cost 1489
rate as described in 2 CFR § 200.414(f), Recipients generally must have an approved 1490
indirect cost rate agreement with their cognizant federal agency to charge indirect costs. The 1491
Recipient generally must submit a copy of its approved rate (that is, the fully executed 1492
agreement negotiated with the Recipient’s cognizant federal agency) along with the PW for 1493
indirect costs. If there is no current indirect cost rate agreement and the Recipient will be 1494
charging indirect costs, then the Recipient should contact the Regional POC for further 1495
instructions. 1496
The Recipient must submit a copy of the indirect cost proposal along with the PW for indirect 1497
costs. The indirect cost rate is subject to review for reasonableness and eligibility.40 1498
Costs included in the computation of the indirect cost rate are not allowable as direct 1499
administrative costs. 1500
Subrecipient 1501
The Subrecipient may claim costs associated with requesting, obtaining, and administering a 1502
subgrant for a declared fire. Direct costs include regular and overtime pay and travel 1503
expenses for permanent, reassigned, temporary, and contract employees who assist in 1504
administering the fire management assistance subgrant. 1505
Funding for other direct costs incurred by the Subrecipient administering a subgrant, such 1506
as equipment and supply purchases, may be eligible, but must be reviewed by the Recipient 1507
and RA. 1508
Subrecipients may not claim indirect administrative costs. 1509
Appeals of Grant Eligibility 1510
A Recipient or Subrecipient may appeal any grant-related determination made by FEMA, 1511
including determinations on applicant eligibility, work eligibility, and cost eligibility (See 44 1512
CFR § 204.54). 1513
There are two levels of appeals. The first is to the RA. The second appeal is to the Director, 1514
PA Division in FEMA HQ, and it is the final administrative decision of FEMA. 1515
40 FEMA has an interagency agreement with HHS to perform indirect cost rate reviews, conduct negotiations,
and sign agreements on FEMA’s behalf. Inquiries regarding negotiated indirect cost rates, or what the latest
negotiated rates on file are for a specific entity can be requested through [email protected].
Questions about a rate agreement for a specific Recipient should be directed to FEMA-Finance-Audit-
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Applicants must submit all appeals within 60 days of FEMA’s determination to the grant 1516
Recipient. The Recipient will review the appeal and forward it with a written 1517
recommendation to the RA. 1518
Appeals should contain documented justification supporting the appellant’s position, 1519
specifying the determination in dispute and the provisions in federal law, regulation, or 1520
policy with which the appellant believes the initial determination was inconsistent. 1521
Within 90 days following receipt of an appeal, the RA (for first appeals) or Director, PA 1522
Division HQ Office (for second appeals) will notify the Recipient in writing of the disposition 1523
of the appeal or of the need for additional information. 1524
A request for additional information will include a date when the information must be 1525
provided. Within 90 days following the receipt of the requested additional information or 1526
following expiration of the period for providing the information, the RA or Director, PA 1527
Division in FEMA HQ will notify the Recipient in writing of the disposition of the appeal. If the 1528
decision is to grant the appeal, the RA takes appropriate implementing action. 1529
When an appeal involves technical issues, the FEMA RA or Director, PA Division in FEMA HQ 1530
may submit the appeal to an independent scientific or technical person or group for advice 1531
or recommendation. The period for this technical review may be in addition to other allotted 1532
time periods. Within 90 days of receipt of a technical report, the FEMA RA or Director, PA 1533
Division in FEMA HQ will notify the Recipient in writing of the disposition of the appeal. 1534
Grant Closeouts 1535
Regulations governing grant closeouts are found in 2 CFR § 200.343. The purpose of 1536
closeout is to certify that all eligible costs have been disbursed. It is the Recipient’s 1537
responsibility to document all costs associated with the eligible wildland firefighting 1538
activities. The Recipient is responsible for making sure that all documentation on PWs is 1539
accurate, complete, and up to date for closeout. Failure to properly document any project 1540
may result in loss of funding for that project. 1541
The Recipient must submit all required documentation within 90 days after the performance 1542
period expiration date. The performance period is the time interval designated in the SF-424 1543
Application for Federal Assistance for the Recipient and all Subrecipients to submit eligible 1544
costs and have those costs processed, obligated, and closed out by FEMA. The Recipient will 1545
submit a final Federal Financial Report, which reports all costs incurred within the IP and all 1546
administrative costs incurred within the performance period. 1547
A grant is ready to be closed when all funds have been distributed and all documentation is 1548
complete. Either FEMA or the Recipient can begin the closeout process. The FEMA regional 1549
office may begin the closeout process with a letter of inquiry, followed by a letter of intent to 1550
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proceed with the closeout when no other justification can be provided to keep the grant 1551
open. 1552
Audit Requirements and Documentation 1553
Audits 1554
All grant and subgrant recipients must comply with 2 CFR part 200, subpart F. Note 1555
specifically that 2 CFR § 200.501 requires “a non-Federal entity that expends $750,000 or 1556
more during the non-federal entity’s fiscal year in Federal awards must have a single or 1557
program-specific audit conducted for that year in accordance with the provisions of this 1558
part.” 1559
Recipients and subrecipients must be familiar with and comply with all applicable audit 1560
regulations in 2 CFR part 200. Specific information pertaining to the audit requirements of 1561
each State is outlined in their respective State Administration Plans. States must abide by 1562
both federal and state audit requirements. 1563
Grant recipients may also be subject to additional audits by the Department of Homeland 1564
Security Office of Inspector General and state auditors for items not covered under 2 CFR 1565
part 200. 1566
Documentation41 1567
2 CFR part 200 lists several citations regarding documentation. While recipients and 1568
subrecipients should be familiar with all provisions of 2 CFR part 200, the two citations 1569
below provide an overview of major documentation requirements. 1570
§ 200.302 Financial Management. 1571
Each state must expend and account for the federal award in accordance with state laws 1572
and procedures for expending and accounting for the state’s own funds. In addition, the 1573
state’s and the other non-federal entity’s financial management systems, including records 1574
documenting compliance with federal statutes, regulations, and the terms and conditions of 1575
the federal award, must be sufficient to permit the preparation of reports required by 1576
general and program- specific terms and conditions; and the tracing of funds to a level of 1577
expenditures adequate to establish that such funds have been used according to the federal 1578
statutes, regulations, and the terms and conditions of the federal award. See also § 1579
200.450 Lobbying. 1580
§ 200.318(i) General Procurement Standards 1581
41 See Appendix D for additional guidance on documentation to support costs.
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(i) The Non-Federal entity must maintain records sufficient to detail the history of procurement. 1582
These records will include, but are not necessarily limited to the following: rationale for the method of 1583
procurement, selection of contract type, contractor selection or rejection, and the basis for the 1584
contract price 1585
§ 200.333 Retention Requirements for Records. 1586
Financial records, supporting documents, statistical records, and all other non-federal entity 1587
records pertinent to a federal award must be retained for a period of at least three years 1588
from the date of submission of the final expenditure report or, for federal awards that are 1589
renewed quarterly or annually, from the date of the submission of the quarterly or annual 1590
financial report, respectively, as reported to the federal awarding agency or pass-through 1591
entity in the case of a Subrecipient. 1592
In some instances, including, but not limited to any litigation, claim, or audit, and state laws 1593
and procedures may require paperwork to be retained for longer than the three years 1594
required by 2 CFR part 200. It is important for grant recipients to check the specific audit 1595
requirements and statutes governing their state. 1596
The Office of Inspector General may independently, or at FEMA’s request, initiate an audit of 1597
a Recipient or Subrecipient for a particular fire or fire complex. 1598
The importance of maintaining a complete and accurate set of records for each project 1599
cannot be overemphasized. Accurate and complete documentation will facilitate the 1600
validation, approval, and funding processes for projects. 1601
All of the documentation pertaining to a project should be filed together with the 1602
corresponding PW and maintained as part of the permanent record of the project. These 1603
records become the basis for verifying project costs. 1604
Documentation is the process of establishing and maintaining accurate records of events 1605
and expenditures related to suppression and recovery work. The information required for 1606
documentation basically describes the “who, what, when, where, why, and how much” for 1607
each item of disaster recovery work. 1608
It is important that events and expenses incurred in an FMAG declaration are accurately 1609
documented. While there are many ways to maintain records, a system must be in place to 1610
ensure all necessary information is readily available and in a usable format. 1611
Accurate documentation helps to: 1612
• Recover eligible costs; 1613
• Have the information necessary to develop PWs; 1614
• Have the information available, which the region and/or state may need to see, to 1615
validate the accuracy and eligibility of costs; and 1616
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• Be ready for any state or federal audits, or other federal program reviews. 1617
1618
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APPENDIX A: LIST OF ACRONYMS 1619
AA Assistant Administrator 1620
CFFDRS Canadian Forest Fire Danger Rating System 1621
CFR Code of Federal Regulations 1622
DUNS Data Universal Numbering System (Dun and Bradstreet Number) 1623
DRRA Disaster Recovery Reform Act of 2018 1624
EMAC Emergency Management Assistance Compact 1625
FAO Fire Action Officer 1626
FDO Fire Duty Officer 1627
FEMA Federal Emergency Management Agency 1628
FF FEMA Form 1629
FMAG Fire Management Assistance Grant (Program) 1630
FSA FEMA-State Agreement 1631
FTA FEMA-Tribal Agreement 1632
GAR Governor’s Authorized Representative 1633
HQ Headquarters 1634
HHS U.S Department of Health and Human Services 1635
ICS Incident Command System 1636
IP Incident Period 1637
NFDRS National Fire Danger Rating System 1638
OMB Office of Management and Budget 1639
ORR Office of Response and Recovery 1640
PA Public Assistance 1641
POP Period of Performance 1642
PW Project Worksheet 1643
RA Regional Administrator 1644
RFI Request for Information 1645
RFMAS Request for Fire Management Assistance Subgrant 1646
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SOW Scope of Work 1647
SF Standard Form 1648
T&E Time and Equipment 1649
TAR Tribal Chief Executive’s Authorized Representative 1650
TCE Tribal Chief Executive 1651
1652
1653
1654
1655
1656
1657
1658
1659
1660
This Page Intentionally Left Blank. 1661
APPENDIX B: GLOSSARY 1662
Affected County: One or more county(ies) or tribal area(s) where a declared fire or fire 1663
complex originated or burned into. 1664
Applicant: A state or Indian Tribal Government (tribal government) submitting an application 1665
for a fire management assistance grant, or a state, local, or Indian Tribal Government 1666
submitting an application to the Recipient for a subgrant under an approved fire 1667
management assistance grant. 1668
Application for Federal Assistance: The form the state submits to apply for a grant under a 1669
fire management assistance declaration. 1670
Backfill employee: Replacement employee who performs the regular duties of another 1671
employee, who is performing eligible emergency work under the Fire Management 1672
Assistance Grant (FMAG) Program. 1673
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Budgeted employee: A person whose position and salary are included in the applicant’s 1674
budget. 1675
Chief Executive: The person who is the Chief, Chair, Chairman, Chairwoman, Governor, 1676
President, or similar executive official of an Indian Tribal Government. 1677
Closeout: The process by which the federal awarding agency or pass-through entity 1678
determines that all applicable administrative actions and all required work of the federal 1679
award have been completed and takes actions as described in 2 CFR § 200.343. 1680
Contained (from National Wildfire Coordinating Group): The status of a wildfire suppression 1681
action signifying that a control line has been completed around the fire, and any associated 1682
spot fires, which can reasonably be expected to stop the fire’s spread. 1683
Controlled (from National Wildfire Coordinating Group): The completion of a control line 1684
around a fire, any spot fires therefrom, and any interior islands to be saved; burn out of any 1685
unburned area adjacent to the fire side of the control lines; and cool down of all hot spots 1686
that are immediate threats to the control line, until the lines can reasonably be expected to 1687
hold under the foreseeable conditions. 1688
Crown Fire (Crowning) (from National Wildfire Coordinating Group): A fire that advances from 1689
top to top of trees or shrubs more or less independent of a surface fire. Crown fires are 1690
sometimes classed as running or dependent to distinguish the degree of independence from 1691
the surface fire. 1692
Declared Fire: An uncontrolled fire or fire complex, threatening such destruction as would 1693
constitute a major disaster, which the Administrator has approved in response to a state’s 1694
request for a fire management assistance declaration and in accordance with the criteria 1695
listed in 44 CFR § 204.21. 1696
Demobilization: The process and procedures for deactivating, disassembling, and 1697
transporting back to their point of origin all resources that had been provided to respond to 1698
and support a declared fire. 1699
Direct costs: Direct costs are those costs that can be identified specifically with a particular 1700
final cost objective, such as a federal award, or other internally or externally funded activity, 1701
or that can be directly assigned to such activities relatively easily with a high degree of 1702
accuracy. (See 2 CFR part 200 Subpart E – § 200.413 Direct costs). 1703
DUNS Number: The Data Universal Numbering System (DUNS Number) is a nine-digit 1704
number developed by Dun and Bradstreet that assigns a unique identifier to a business 1705
entity. 1706
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Emergency Protective Measure: An action taken by a community before, during, and after a 1707
disaster to save lives, protect public health and safety, and prevent damage to improved 1708
public and private property 1709
Emergency work: Work that must be done immediately to save lives and to protect improved 1710
property and public health and safety, or to avert or lessen the threat of a major disaster. 1711
Emergency Management Assistance Compact (EMAC): A type of interstate mutual aid 1712
agreement that allows states to assist one another in responding to all kinds of natural and 1713
man-made disasters. It is administered by the National Emergency Management 1714
Association (NEMA). 1715
Equipment: Tangible personal property, including information technology systems, having a 1716
useful life of more than one year and a per-unit acquisition cost that equals or exceeds the 1717
lesser of the capitalization level established by the non-federal entity for financial statement 1718
purposes, or $5,000. 1719
Federal Agency: Any department, independent establishment, government corporation, or 1720
other agency of the executive branch of the Federal government, including the United States 1721
Postal Service, but not including the American National Red Cross. 1722
Federal Share: The portion of the total eligible project costs that are paid by federal funds. 1723
Final Expenditure Report: The report the Recipient submits to FEMA for all of a 1724
Subrecipient’s projects, certifying that the grant terms and conditions have been met and 1725
project costs are reconciled. 1726
Fire Complex: Two or more individual fires located in the same general area, which are 1727
assigned to a single Incident Commander. 1728
Force Account/Force Account Labor: An Applicant’s own labor forces and equipment. 1729
Fringe Benefits: A percentage of the actual wages that pays for employee benefits. 1730
Governor’s Authorized Representative (GAR): The person empowered by the Governor to 1731
execute, on behalf of the state, all necessary documents for fire management assistance, 1732
including the request for a fire management assistance declaration. 1733
Grant: An award of financial assistance, including cooperative agreements, by FEMA to an 1734
eligible Recipient. The grant award will be based on the projected amount of total eligible 1735
costs for which a state submits an application and that FEMA approves related to a declared 1736
fire. 1737
Hazard Mitigation Plan: A plan to develop actions the state, local, or Indian Tribal 1738
Government will take to reduce the risk to people and property from all hazards. The intent 1739
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of hazard mitigation planning under the Fire Management Assistance Grant Program is to 1740
identify wildfire hazards and cost-effective mitigation alternatives that produce long-term 1741
benefits. FEMA addresses mitigation of fire hazards as part of the State’s Mitigation Plan, 1742
described in 44 CFR part 201. 1743
Household Pet: A domesticated animal, such as a dog, cat, bird, rabbit, rodent, or turtle that 1744
is traditionally kept in the home for pleasure rather than for commercial purposes, can travel 1745
in commercial carriers, and be housed in temporary facilities. Household pets do not include 1746
reptiles (except turtles), amphibians, fish, insects/arachnids, farm animals (including 1747
horses), and animals kept for racing purposes. 1748
Incident Commander: The ranking official responsible for overseeing the management of fire 1749
operations, planning, logistics, and finances of the field response. (The ranking “red card” 1750
official responsible for a declared fire. [“Red card” is the fire qualifications card issued to 1751
fire-rated persons showing their training needs and their qualifications to fill specified fire-1752
suppression and support positions on a fire or other incident]). 1753
Incident Period: The time interval during which the declared fire occurs. The Regional 1754
Administrator, in consultation with the GAR and the Principal Advisor, will establish the 1755
incident period. Generally, costs must be directly related to or incurred during the incident 1756
period to be considered eligible. 1757
Indian Tribal Government: An Indian Tribal Government is any Federally recognized 1758
governing body of an Indian or Alaska Native tribe, band, nation, pueblo, village, or 1759
community that the Secretary of Interior acknowledges to exist as an Indian tribe under the 1760
Federally Recognized Tribe List Act of 1994, 25 U.S.C. 479a. This does not include Alaska 1761
Native corporations, the ownership of which is vested in private individuals. 1762
Indirect Costs (Administration): General administration and general expenses such as the 1763
director’s office, accounting, personnel and all other types of expenditures not listed 1764
specifically under one of the subcategories of “Facilities. (See 2 CFR part 200 Subpart E – § 1765
200.414 Indirect (F&A) costs). 1766
Individual Assistance: Supplementary federal assistance provided under the Stafford Act to 1767
individuals and families adversely affected by a major disaster or an emergency. Such 1768
assistance may be provided directly by the Federal Government or through state or local 1769
governments or disaster relief organizations. (For further information, see subparts D, E, and 1770
F of 44 CFR part 206). 1771
Local Government: Any county, municipality, city, town, township, public authority, school 1772
district, special district, intrastate district, council of governments (regardless of whether the 1773
council of governments is incorporated as a non-profit corporation under State law), regional 1774
or interstate government entity, or agency or instrumentality of a local government; any 1775
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Indian Tribal Government or authorized Tribal organization, or Alaska Native village or 1776
organization; and any rural community, unincorporated town or village, or other public entity, 1777
for which an application for assistance is made by a State or political subdivision of a State. 1778
Major Disaster: Any natural catastrophe (including any hurricane, tornado, storm, high water, 1779
wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, 1780
snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of 1781
the United States, which in the determination of the President causes damage of sufficient 1782
severity and magnitude to warrant major disaster assistance under this Act to supplement 1783
the efforts and available resources of states, local governments, and disaster relief 1784
organizations in alleviating the damage, loss, hardship, or suffering caused thereby. 1785
(Stafford Act section 102(2), 42 U.S.C. 5122(2)) 1786
Mitigation, Management, and Control: Those activities undertaken, generally during the 1787
incident period of a declared fire, to minimize immediate adverse effects and to manage 1788
and control the fire. Eligible activities may include associated emergency work and pre-1789
positioning directly related to the declared fire. 1790
Mobilization: The process and procedures used for activating, assembling, and transporting 1791
all resources that the Recipient requested to respond to support a declared fire. 1792
Non-Federal Entity: A state, local government, or Indian tribe that carries out a federal award 1793
as a Recipient or Subrecipient. 1794
Pass-Through Entity: A non-federal entity that provides a subaward to a Subrecipient to carry 1795
out part of a federal program. 1796
Period of Performance: The time during which the non-federal entity may incur new 1797
obligations to carry out the work authorized under the federal award. The Period of 1798
Performance for all FMAG grants is three years from the start of the grant application. The 1799
federal awarding agency or pass-through entity must include start and end dates of the 1800
period of performance in the federal award. 1801
Pre-positioning: Moving existing fire prevention or suppression resources from an area of 1802
lower fire danger to one of higher fire danger in anticipation of an increase in fire activity 1803
likely to constitute the threat of a major disaster. 1804
Principal Advisor: An individual appointed by the U. S. Forest Service, U. S. Department of 1805
Agriculture, or Bureau of Land Management, U. S. Department of the Interior, who is 1806
responsible for providing FEMA with a technical assessment of the fire or fire complex for 1807
which a state is requesting a fire management assistance declaration. The Principal Advisor 1808
frequently participates with FEMA on other wildland fire initiatives. 1809
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Project Worksheet (PW): The form which identifies actual costs incurred by eligible 1810
applicants as a result of the eligible firefighting activities. The PW is used to document the 1811
location, damage description and dimensions, scope of work, and cost estimates for 1812
materials, labor, and other costs of each project. It is the basis for the FMAG Program grant. 1813
Providing Entity: The entity providing mutual aid assistance to a requesting entity pursuant 1814
to a local or statewide mutual aid agreement 1815
Public Assistance: Supplementary federal assistance provided under the Stafford Act to 1816
state and local governments or certain private, nonprofit organizations for eligible 1817
emergency measures and repair, restoration, and replacement of damaged facilities. (For 1818
further information, see 44 CFR subparts G and H of part 206. 1819
Recipient: The Recipient is the government to which a grant is awarded which is accountable 1820
for the use of the funds provided. The Recipient is the entire legal entity even if only a 1821
particular component of the entity is designated in the grant award document. Generally, the 1822
state, as designated in the FEMA-State Agreement for the Fire Management Assistance 1823
Grant Program, is the Recipient. However, after a declaration, an Indian Tribal Government 1824
may choose to be a Recipient, or it may act as a Subrecipient under the state. An Indian 1825
Tribal Government acting as Recipient will assume the responsibilities of a “state”, as 1826
described in this Part, for the purpose of administering the grant. 1827
Regional Administrator (RA): The administrator of a regional office of FEMA, or their 1828
designated representative. 1829
Requesting Entity: An entity (FMAG eligible applicant) that requests mutual aid assistance 1830
from a Providing Entity for work resulting from a declared fire, emergency or major disaster 1831
within its legal jurisdiction. The requesting entity is eligible to receive FEMA assistance for 1832
the eligible mutual aid activities from the providing entities. 1833
Rollup: When one or more FMAG declarations are administratively merged into a major or 1834
emergency disaster declaration. 1835
Service Animal: Any guide dog, signal dog, or other animal individually trained to provide 1836
assistance to an individual with a disability including, but not limited to, guiding individuals 1837
with impaired vision, alerting individuals with impaired hearing to intruders or sounds, 1838
providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. 1839
Standard Form (SF) 424: The SF 424 is the Application for federal assistance. This is the 1840
form a state submits to apply for a grant under a fire management assistance declaration. 1841
Stand-by Time: Time spent waiting to conduct activities after initial deployment or wait time 1842
between activities. 1843
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State: Any State of the United States, the District of Columbia, Puerto Rico, the Virgin 1844
Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 1845
Subgrant/Subaward: An award of financial assistance under a grant by a Recipient to an 1846
eligible Subrecipient. 1847
Subrecipient: An applicant that is awarded a subgrant and is accountable to the Recipient 1848
for the use of grant funding provided. 1849
Uncontrolled Fire: Any fire not safely confined to predetermined control lines as established 1850
by firefighting resources. 1851
APPENDIX C: AUTHORITIES AND FOUNDATIONAL 1852
DOCUMENTS 1853
1854
• Section 420 of the Stafford Act (42 U.S.C. 5187) 1855
• 44 Code of Federal Regulations (CFR) § 204 1856
• 44 CFR part 200—Uniform Administrative Requirements, Cost Principles, And Audit 1857
Requirements For Federal Awards 1858
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APPENDIX D: DOCUMENTATION TO SUPPORT COSTS 1860
General: 1861
• Providing Incident Command resource requests/orders, OF 288s, and other 1862
documents are important overall to establish the basis for cost eligibility. 1863
For Each Individual: 1864
• Name, job title, and function 1865
• Type of employee (e.g., full-time exempt, full-time non-exempt, part-time, temporary, 1866
prisoner, etc.) 1867
• Days and hours worked 1868
• Pay rate(s) and fringe benefit rate(s) 1869
• Description of work performed with representative sample of daily logs / activity 1870
reports, if available 1871
• Representative sample of timesheets 1872
• Pay policy including fringe benefit calculations 1873
For Each Piece of Equipment: 1874
• Type of equipment and attachments used, including year, make, and model 1875
• Size/capacity (e.g., horsepower, wattage) 1876
• Locations and days and hours used with usage logs 1877
• Operator name 1878
• Schedule of rates, including rate components 1879
Rented or Purchased Equipment: 1880
• Rental or lease agreements 1881
• Invoices 1882
• Receipts 1883
• Days used 1884
Other Federal Agencies: 1885
• May include Resource Requests 1886
• Supply Resource Orders 1887
• Transaction Registers 1888
• OF 288 1889
• Incident Cost Unit reports 1890
Purchased Supplies: 1891
• Type of supplies and quantities used, with support documentation such as daily logs, 1892
inventory records, and if available historical cost records. 1893
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Contracts: 1894
• Receipts or invoices 1895
Procurement policy 1896
• “Procurements 1897
• Procurement preparation documents demonstrating the rationale behind the 1898
procurement method and contract type selected 1899
• Solicitation documents, such as requests for quotes, invitations to bid, requests for 1900
proposals, requests for qualifications, requests for information, etc. 1901
• Procurement evaluation documents demonstrating the basis for contractor selection 1902
or rejection 1903
• Contract cost/price documents, including documents demonstrating the basis for the 1904
price and for procurements in excess of the simplified acquisition threshold, a 1905
cost/price analysis 1906
• Contracts, change orders, and invoices 1907
Mutual Aid: 1908
• Dates worked 1909
• Written agreement 1910
• Services requested and received 1911
Donated Resources: 1912
• Same information listed for labor, equipment, and supplies above (as applicable) 1913
For each individual: 1914
• Invoices 1915
• Who donated each piece of equipment 1916
• Quantity donated 1917
Equipment: 1918
• Days and hours worked 1919
• Location of work 1920
• Work performed 1921
Supplies or materials: 1922
• Same information listed under Applicant-Owned Equipment above 1923
For Direct Administrative Costs: 1924
• Documentation supporting necessity of unique services or extraordinary level of 1925
effort 1926
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• Specific description of administrative task performed by individual 1927
Other: 1928
• Skill level and position description of individual performing task 1929
• Documentation regarding cash donations or other funding received 1930
• Cost comparisons and source documentation, if applicable and available, 1931
• Actual insurance proceeds 1932
1933
1934
1935
1936
1937
1938
1939
1940
1941
1942
This Page Intentionally Left Blank. 1943
1944
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APPENDIX E: EFFECTS ON COMMUNITY 1945
FUNCTIONS/SERVICES/ECONOMY 1946
Provide as much as possible of the following information with the declaration request. Do 1947
not delay submission of the declaration request if all information is not available. 1948
1. Has any voluntary agency assistance been provided? NO / YES. 1949
2. Has a State of Emergency been declared for the county or counties? NO / YES 1950
3. Have local community functions and services been disrupted by the wildland fire? 1951
NO / YES 1952
4. Has the local area been affected by another disaster in the past 12 months? 1953
NO / YES 1954
Assessment of wildfire effects on the local community, services, and economy: 1955
☐ Federal/State Government %_______ 1956
☐ Manufacturing %_______ 1957
☐ Mining %_______ 1958
☐ Farming (Agriculture, Ranches) %_______ 1959
☐ Crop loss %_______ 1960
☐ Grazing land %_______ 1961
☐ Livestock %_______ 1962
☐ Recreation (including destruction of areas surrounding recreation and tourism) %______ 1963
☐ Non-specialized County %_______ 1964
• Number of businesses threatened____ Number of secondary homes threatened:___ 1965
• Total population (# of people): ____ 1966
• Distance (in miles) to the nearest significant population center (grocery, service 1967
station): ____ 1968
• Total number of housing units in the county: ____ 1969
• Percentage of households in the County evacuated (excluding seasonal rentals): ____ 1970
Poverty level in the County and State (percent): 1971
County: ____ % 1972
State: ____ % 1973
Unemployment rate in the County and State (percent): 1974
County: ____ % 1975
State: ____ % 1976
Median household income in County and State (in dollars): 1977
County: ____ % 1978
State: ____ % 1979
Percentage of the population 65 years or older: ___ % 1980
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Description of Effects on Community Functions/Services/Economy 1981
Use the space below to provide amplifying information: 1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
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APPENDIX F: FMAG FORMS 1996
Alphabetical Order by Form Name 1997
SF 424 Application for Federal Assistance 1998
FF 90-128 Applicant’s Benefits Calculation Worksheet 1999
FF 20-16A Assurances—Non-construction Programs 2000
FF 20-20 Budget Information—Non-construction Programs 2001
FF 20-16C Certifications Regarding Lobbying; Debarment, Suspension And Other 2002
Responsibility Matters; And Drug-Free Workplace Requirements 2003
FF 90-126 Contract Work Summary Record 2004
SF 425 Federal Financial Report 2005
FF 90-127 Force Account Equipment Summary Record 2006
FF 90-123 Force Account Labor Summary Record 2007
FF 90-124 Material Summary Sheet 2008
FF 078-0-2 Principal Advisor’s Report 2009
FF 009-0-0-7 Project Worksheet 2010
FF 90-91A Project Worksheet—Damage Description and Scope of Work Continuation 2011
Sheet 2012
FF 90-125 Rented Equipment Summary Record 2013
FF 078-0-1 Request for Fire Management Assistance Declaration 2014
FF 089-0-24 Request for Fire Management Assistance Subgrant 2015
FF 20-16 Summary Sheet for Assurances and Certifications 2016
Ascending Order by Form Number 2017
FF 009-0-0-7 Project Worksheet 2018
FF 078-0-1 Request for Fire Management Assistance Declaration) 2019
FF 078-0-2 Principal Advisor’s Report 2020
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FF 089-0-24 Request for Fire Management Assistance Subgrant 2021
FF 20-16 Summary Sheet for Assurances and Certifications 2022
FF 20-16A Assurances—Non-construction Programs 2023
FF 20-16C Certifications Regarding Lobbying; Debarment, Suspension and Other 2024
Responsibility Matters; And Drug-Free Workplace Requirements 2025
FF 20-20 Budget Information—Non-construction Programs 2026
SF 424 Application for Federal Assistance 2027
SF 425 Federal Financial Report 2028
FF 90-123 Force Account Labor Summary Record 2029
FF 90-124 Material Summary Sheet 2030
FF 90-125 Rented Equipment Summary Record 2031
FF 90-126 Contract Work Summary Record 2032
FF 90-127 Force Account Equipment Summary Record 2033
FF 90-128 Applicant’s Benefits Calculation Worksheet 2034
FF 90-91A Project Worksheet—Damage Description and Scope of Work Continuation 2035
Sheet 2036
APPENDIX G: FIRE DANGER RATING SYSTEMS 2037
National Fire Danger Rating System (NFDRS)pp 2038
The National Fire Danger Rating System (NFDRS) is a system that allows fire managers to 2039
estimate today’s or tomorrow’s fire danger for a given area. It combines the effects of 2040
existing and expected states of selected fire danger factors into one or more qualitative or 2041
numeric indices that reflect an area’s fire protection needs. Figure 3 shows a map of the 2042
NFDRS. 2043
pp https://www.fs.usda.gov/detail/cibola/landmanagement/resourcemanagement/?cid=stelprdb5368839.
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2044
Figure 2: NFDRS Map 2045
2046 DRAFT FOR PUBLIC COMMENT
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2047
Haines Indexqq 2048
The Haines Index is used to indicate the potential for wildfire growth by measuring the 2049
stability and dryness of the air over a fire. It is calculated by combining the stability and 2050
moisture content of the lower atmosphere into a number that correlates well with large fire 2051
growth. Figure 4 shows a map of the Haines Index System. 2052
2053
Figure 3: Haines Index System 2054
2055
qq https://www.wfas.net/index.php/haines-index-fire-potential--danger-34.
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2056
Keetch-Byram Drought Indexrr 2057
Keetch-Byram Drought Index is a drought index specifically for fire potential assessment. It 2058
is a number representing the net effect of evapotranspiration and precipitation in producing 2059
cumulative moisture deficiency in deep duff and upper soil layers. It is a continuous index, 2060
relating to the flammability of organic material in the ground. Figure 5 shows a map of the 2061
Keetch-Byram Drought Index. 2062
2063
Figure 4: Keetch-Byram Drought Index 2064
2065
rr https://www.wfas.net/index.php/keetch-byram-index-moisture--drought-49.
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2066
Drought Severity Index (Palmer Index) 2067
Drought Severity Index (Palmer Index) measures the departure of the moisture supply at 2068
specific locations. The index is based on the supply-and-demand concept of the water 2069
balance equation, taking into account precipitation and temperature data, as well as the 2070
local available water content of the soil. The objective of the Palmer Drought Index was to 2071
provide measurements of moisture conditions that were standardized so that comparisons 2072
using the index could be made between locations and between months. Figure 6 shows a 2073
map of the Drought Severity Index System by division. 2074
2075
Figure 5: Drought Severity Index System 2076
2077
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2078
Canadian Forest Fire Danger Rating System (CFFDRS)ss 2079
The CFFDRS considers weather, fuels, and topography and the necessary inputs to predict 2080
forest fire danger. Forest fire danger is a general term used to express a variety of factors in 2081
the fire environment, such as ease of ignition and difficulty of control. The CFFDRS produce 2082
qualitative and/or numeric indices of fire potential. Figure 7 shows a map of the CFFDRS. 2083
2084
Figure 6: CFFDRS Map 2085
2086
2087
ss http://cwfis.cfs.nrcan.gc.ca/background/summary/fdr.
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2088
APPENDIX H: REFERENCES AND RESOURCES 2089
FMAG Program: www.fema.gov/fire-management-assistance-grant-program 2090
FMAG Program Guide (FEMA P-954): www.fema.gov/media-2091
library/assets/documents/92379 2092
FMAG Program Forms 2093
http://www.fema.gov/media-library/assets/documents/26237# 2094
Request for Fire Management Assistance Declaration - FEMA Form 078-0-1 2095
Principal Advisor’s Report 078-0-2 2096
Request for Fire Management Assistance Subgrant - FEMA Form (FF) 089-0-24 2097
Application for Federal Assistance (SF-424) and Assurances (SF-424-D) 2098
www.grants.gov/web/grants/form-instructions/sf-424-instructions.html 2099
www.grants.gov/web/grants/form-instructions/sf-424d-instructions.html 2100
Financial Status Report (FSR) (FEMA Form (FF)-112-0-1) 2101
www.fema.gov/media-library-data/20130726-1856-25045-2102
9653/sf_financial_status_report.pdf 2103
Payment Management System Access Form and a Direct Deposit Form (SF-1199A) 2104
www.dpm.psc.gov/grant_recipient/access_procedure/access_procedure.aspx?explore.even2105
t=true 2106
Subaward Application / Project Worksheets (PWs) (FEMA Form 90-91) 2107
http://www.fema.gov/media-library/assets/documents/9720 2108
Program References 2109
Appeal Procedures Manual and Directive: www.fema.gov/media-2110
library/assets/documents/93610 2111
Dun and Bradstreet (DUNS) Number: www.dnb.com/get-a-duns-number.html 2112
Elements of a Project Worksheet (FEMA Fact Sheet 9580.5): 2113
www.fema.gov/pdf/government/grant/pa/9580_5.pdf 2114
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Equipment Rates: www.fema.gov/schedule-equipment-rates 2115
Procurement Guidance for Recipients and Subrecipients Under 2 CFR Part 200 (Uniform 2116
Rules): www.fema.gov/media-library/assets/documents/96773 2117
Recovery of Improper Payments (FEMA SOP 9570.16): www.fema.gov/media-2118
library/assets/documents/92114 2119
Statutes 2120
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as Amended (Stafford 2121
Act), Title 42 of the United States Code (U.S.C.) § 5121 et seq. 2122
www.fema.gov/robert-t-stafford-disaster-relief-and-emergency-assistance-act-public-law-93-2123
288-amended 2124
Federally Recognized Tribe List Act of 1994: 2125
http://uscode.house.gov/statutes/pl/103/454.pdf 2126
Code of Federal Regulations 2127
2 CFR, Grants and Agreements: www.ecfr.gov/cgi-bin/text-2128
idx?SID=6bb67f6254dbbfb229adddfa247ca4eb&mc=true&tpl=/ecfrbrowse/Title02/2tab_2129
02.tpl 2130
2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit 2131
Requirements for Federal Awards: www.ecfr.gov/cgi-bin/text-2132
idx?SID=6bb67f6254dbbfb229adddfa247ca4eb&mc=true&node=pt2.1.200&rgn=div5 2133
44 CFR part 204, Fire Management Assistance Grant (FMAG) Program: www.ecfr.gov/cgi-2134
bin/textidx?SID=e9db96b738b11340c696c4ee451d3865&mc=true&node=pt44.1.204&r2135
gn=div5 2136
Environmental Protection Laws and Executive Orders (EOs) 2137
Clean Air Act (CAA): www.epa.gov/air/caa/ 2138
Clean Water Act (CWA): www.epa.gov/agriculture/lcwa.html 2139
Endangered Species Act (ESA): www.fws.gov/endangered/laws-policies/ 2140
DHS Implementation of National Environmental and Historical Preservation Act: 2141
https://www.fema.gov/media-library-data/1470685189950-2142
29a76af41e54d0d2a9436215a7800e98/DHS_Instruction_Manual_023-01-001-2143
01_Rev01_508compliantversion.pdf 2144
Other Laws and EOs 2145
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Americans with Disabilities Act (ADA): www.ada.gov 2146
Federal Emergency Management Agency (FEMA) References 2147
FEMA: www.fema.gov 2148
National Disaster Recovery Framework: www.fema.gov/national-disaster-recovery-2149
framework 2150
National Response Framework (NRF): www.fema.gov/national-response-framework 2151
Other Federal Agencies 2152
Bureau of Indian Affairs (BIA): www.indianaffairs.gov 2153
National Weather Service (NWS): www.weather.gov 2154
U.S. Department of Homeland Security (DHS): www.dhs.gov 2155
DHS Office of Inspector General (OIG): www.oig.dhs.gov 2156
U.S. Department of Labor: www.dol.gov 2157
U.S. Fish and Wildlife Service (USFWS): www.fws.gov 2158
U.S. Government Accountability Office (GAO): www.gao.gov 2159
Web Links for Fire Weather 2160
USGS GEOMAC Wildland Fire Support Viewer https://www.geomac.gov/viewer/viewer.shtml 2161
National Interagency Fire Center (NIFC) – National Fire Situation Awareness Viewer 2162
https://maps.nwcg.gov/sa/#/%3F/39.9999/-97.1116/6 2163
USGS Fire Danger Viewer: https://firedanger.cr.usgs.gov/viewer/viewer.htm 2164
The following link includes the layers that displays Fires and Thermal Anomalies 2165
https://worldview.earthdata.nasa.gov/ 2166
NASA – FIRMS Web Fire Mapper FIRMS https://firms.modaps.eosdis.nasa.gov/firemap/ 2167
National Weather Service – Fire Weather – Enhanced Data Display 2168
http://www.srh.noaa.gov/ridge2/fire/ 2169
Weather/Climate Maps 2170
US Forest Service – Remote Sensing Applications Center – Latest Detected Fire Activity 2171
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https://fsapps.nwcg.gov/afm/current.php 2172
National Weather Service – Fire Weather Outlooks 2173
http://www.spc.noaa.gov/products/fire_wx/ 2174
National Climate Data Center – Weekly Palmer Drought Indices 2175
http://www.ncdc.noaa.gov/temp-and-precip/drought/weekly-palmers/ 2176
USFS Wildland Fire Assessment System (WFAS) – Fire Danger Rating 2177
http://www.wfas.net/index.php/fire-danger-rating-fire-potential--danger-32 2178
USFS – WFAS – Fire Weather 2179
http://www.wfas.net/index.php/fire-weather-weather-35 2180
General Websites 2181
National Integrated Drought Information System (NISDIS) – U.S. Drought Portal 2182
https://www.drought.gov/drought/ 2183
National Interagency Fire Center (NIFC) https://www.nifc.gov/ 2184
National Geographic Area Coordination Centers (GACC) GACC http://gacc.nifc.gov/ 2185
US Forest Service – Wildland Fire Assessment System http://www.wfas.net/ 2186
NOAA – NWS – Storm Prediction Center (SPC) http://www.spc.noaa.gov/ 2187
APPENDIX I: STAFFORD ACT, PART 420, FIRE 2188
MANAGEMENT ASSISTANCE 2189
Sec. 420. Fire Management Assistance (42 U.S.C. 5187) 2190
(a) In General - The President is authorized to provide assistance, including grants, 2191
equipment, supplies, and personnel, to any State or local government for the 2192
mitigation, management, and control of any fire on public or private forest land or 2193
grassland that threatens such destruction as would constitute a major disaster. 2194
(b) Coordination with state and tribal Departments of Forestry - In providing 2195
assistance under this section, the President shall coordinate with State and tribal 2196
departments of forestry. 2197
(c) Essential assistance - In providing assistance under this section, the President 2198
may use the authority provided under section 5170b of this title [Section 403]. 2199
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(d) Hazard mitigation assistance - Whether or not a major disaster is declared, the 2200
President may provide hazard mitigation assistance in accordance with section 2201
404 in any area affected by a fire for which assistance was provided under this 2202
section. 2203
(e) Rules and regulations - The President shall prescribe such rules and regulations 2204
as are necessary to carry out this section. 2205
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. 2207
APPENDIX J: 44 CFR PART 204 2208
Title 44: Emergency Management and Assistance 2209
PART 204—FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM 2210
____________________________________________________ 2211
Section Contents 2212
Subpart A—General 2213
§204.1 Purpose. 2214
§204.2 Scope. 2215
§204.3 Definitions used throughout this part. 2216
§§204.4-204.20 [Reserved] 2217
Subpart B—Declaration Process 2218
§204.21 Fire management assistance declaration criteria. 2219
§204.22 Submitting a request for a fire management assistance declaration. 2220
§204.23 Processing a request for a fire management assistance declaration. 2221
§204.24 Determination on request for a fire management assistance declaration. 2222
§204.25 FEMA-State agreement for fire management assistance grant program. 2223
§204.26 Appeal of fire management assistance declaration denial. 2224
§§204.27-204.40 [Reserved] 2225
Subpart C—Eligibility 2226
§204.41 Applicant eligibility. 2227
§204.42 Eligible costs. 2228
§204.43 Ineligible costs. 2229
§§204.44-204.50 [Reserved] 2230
Subpart D—Application Procedures 2231
§204.51 Application and approval procedures for a fire management assistance grant. 2232
§204.52 Application and approval procedures for a subgrant under a fire management 2233
assistance grant. 2234
§204.53 Certifying costs and payments. 2235
§204.54 Appeals. 2236
§§204.55-204.60 [Reserved] 2237
Subpart E—Grant Administration 2238
§204.61 Cost share. 2239
§204.62 Duplication and recovery of assistance. 2240
§204.63 Allowable costs. 2241
§204.64 Reporting and audit requirements 2242
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Subpart A—General 2243
§204.1 Purpose. 2244
This part provides information on the procedures for the declaration and grants 2245
management processes for the Fire Management Assistance Grant Program in accordance 2246
with the provisions of section 420 of the Stafford Act. This part also details applicant 2247
eligibility and the eligibility of costs to be considered under the program. FEMA will actively 2248
work with State and Tribal emergency managers and foresters on the efficient delivery of fire 2249
management assistance as directed by this part. 2250
§204.2 Scope. 2251
This part is intended for those individuals responsible for requesting declarations and 2252
administering grants under the Fire Management Assistance Grant Program, as well as 2253
those applying for assistance under the program. 2254
§204.3 Definitions used throughout this part. 2255
Applicant. A State or Indian tribal government submitting an application to FEMA for a fire 2256
management assistance grant, or a State, local, or Indian tribal government submitting an 2257
application to the Recipient for a subgrant under an approved fire management assistance 2258
grant. 2259
Application for Federal Assistance. The form the State submits to apply for a grant under a 2260
fire management assistance declaration. 2261
Declared fire. An uncontrolled fire or fire complex, threatening such destruction as would 2262
constitute a major disaster, which the Administrator has approved in response to a State’s 2263
request for a fire management assistance declaration and in accordance with the criteria 2264
listed in §204.21. 2265
Demobilization. The process and procedures for deactivating, disassembling, and 2266
transporting back to their point of origin all resources that had been provided to respond to 2267
and support a declared fire. 2268
Fire complex. Two or more individual fires located in the same general area, which are 2269
assigned to a single Incident Commander. 2270
Governor’s Authorized Representative (GAR). The person empowered by the Governor to 2271
execute, on behalf of the State, all necessary documents for fire management assistance, 2272
including the request for a fire management assistance declaration. 2273
Grant. An award of financial assistance, including cooperative agreements, by FEMA to an 2274
eligible Recipient. The grant award will be based on the projected amount of total eligible 2275
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costs for which a State submits an application and that FEMA approves related to a declared 2276
fire. 2277
Hazard mitigation plan. A plan to develop actions the State, local, or tribal government will 2278
take to reduce the risk to people and property from all hazards. The intent of hazard 2279
mitigation planning under the Fire Management Assistance Grant Program is to identify 2280
wildfire hazards and cost-effective mitigation alternatives that produce long-term benefits. 2281
FEMA addresses mitigation of fire hazards as part of the State’s comprehensive Mitigation 2282
Plan, described in 44 CFR part 201. 2283
Incident commander. The ranking official responsible for overseeing the management of fire 2284
operations, planning, logistics, and finances of the field response. 2285
Incident period. The time interval during which the declared fire occurs. The Regional 2286
Administrator, in consultation with the Governor’s Authorized Representative and the 2287
Principal Advisor, will establish the incident period. Generally, costs must be incurred during 2288
the incident period to be considered eligible. 2289
Indian tribal government (tribal government). An Indian tribal government is any Federally 2290
recognized governing body of an Indian or Alaska Native tribe, band, nation, pueblo, village, 2291
or community that the Secretary of Interior acknowledges to exist as an Indian tribe under 2292
the Federally Recognized Tribe List Act of 1994, 25 U.S.C. 479a. This does not include 2293
Alaska Native corporations, the ownership of which is vested in private individuals. 2294
Individual assistance. Supplementary Federal assistance provided under the Stafford Act to 2295
individuals and families adversely affected by a major disaster or an emergency. Such 2296
assistance may be provided directly by the Federal Government or through State or local 2297
governments or disaster relief organizations. For further information, see subparts D, E, and 2298
F of part 206. 2299
Local government. A local government is any county, municipality, city, town, township, 2300
public authority, school district, special district, intrastate district, council of governments 2301
(regardless of whether the council of governments is incorporated as a nonprofit corporation 2302
under State law), regional or interstate government entity, or agency or instrumentality of a 2303
local government; any Indian tribal government or authorized tribal organization, or Alaska 2304
Native village or organization; and any rural community, unincorporated town or village, or 2305
other public entity, for which an application for assistance is made by a State or political 2306
subdivision of a State. 2307
Mitigation, management, and control. Those activities undertaken, generally during the 2308
incident period of a declared fire, to minimize immediate adverse effects and to manage 2309
and control the fire. Eligible activities may include associated emergency work and pre-2310
positioning directly related to the declared fire. 2311
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Mobilization. The process and procedures used for activating, assembling, and transporting 2312
all resources that the Recipient requested to respond to support a declared fire. 2313
Performance period. The time interval designated on the Application for Federal Assistance 2314
for the Recipient and all subrecipients to submit eligible costs and have those costs 2315
processed, obligated, and closed out by FEMA. 2316
Pre-positioning. Moving existing fire prevention or suppression resources from an area of 2317
lower fire danger to one of higher fire danger in anticipation of an increase in fire activity 2318
likely to constitute the threat of a major disaster. 2319
Principal advisor. An individual appointed by the Forest Service, United States Department 2320
of Agriculture, or Bureau of Land Management, Department of the Interior, who is 2321
responsible for providing FEMA with a technical assessment of the fire or fire complex for 2322
which a State is requesting a fire management assistance declaration. The Principal Advisor 2323
also frequently participates with FEMA on other wildland fire initiatives. 2324
Project worksheet. The form which identifies actual costs incurred by eligible applicants as a 2325
result of the eligible firefighting activities. 2326
Public assistance. Supplementary Federal assistance provided under the Stafford Act to 2327
State and local governments or certain private, nonprofit organizations for eligible 2328
emergency measures and repair, restoration, and replacement of damaged facilities. For 2329
further information, see Subparts G and H of Part 206. 2330
Recipient. The Recipient is the government to which a grant is awarded which is 2331
accountable for the use of the funds provided. The Recipient is the entire legal entity even if 2332
only a particular component of the entity is designated in the grant award document. 2333
Generally, the State, as designated in the FEMA-State Agreement for the Fire Management 2334
Assistance Grant Program, is the Recipient. However, after a declaration, an Indian tribal 2335
government may choose to be a Recipient, or it may act as a subgrantee under the State. An 2336
Indian tribal government acting as Recipient will assume the responsibilities of a “state”, as 2337
described in this Part, for the purpose of administering the grant. 2338
Regional Administrator. The administrator of a regional office of FEMA, or his/her 2339
designated representative. 2340
Subgrant. An award of financial assistance under a grant by a Recipient to an eligible 2341
Subrecipient. 2342
Subrecipient. An applicant that is awarded a subgrant and is accountable to the Recipient 2343
for the use of grant funding provided. 2344
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Threat of a major disaster. The potential impact of the fire or fire complex is of a severity 2345
and magnitude that would result in a presidential major disaster declaration for the Public 2346
Assistance Program, the Individual Assistance Program, or both. 2347
Uncontrolled fire. Any fire not safely confined to predetermined control lines as established 2348
by firefighting resources. 2349
§§204.4-204.20 [Reserved] 2350
Subpart B—Declaration Process 2351
§204.21 Fire management assistance declaration criteria. 2352
(a) Determinations. FEMA will approve declarations for fire management assistance when 2353
the Administrator determines that a fire or fire complex on public or private forest land or 2354
grassland threatens such destruction as would constitute a major disaster. 2355
(b) Evaluation criteria. FEMA will evaluate the threat posed by a fire or fire complex based on 2356
consideration of the following specific criteria: 2357
(1) Threat to lives and improved property, including threats to critical 2358
facilities/infrastructure, and critical watershed areas; 2359
(2) Availability of State and local firefighting resources; 2360
(3) High fire danger conditions, as indicated by nationally accepted indices such as the 2361
National Fire Danger Ratings System; 2362
(4) Potential major economic impact. 2363
§204.22 Submitting a request for a fire management assistance declaration. 2364
The Governor of a State, or the Governor’s Authorized Representative (GAR), may submit a 2365
request for a fire management assistance declaration. The request must be submitted while 2366
the fire is burning uncontrolled and threatens such destruction as would constitute a major 2367
disaster. The request must be submitted to the Regional Administrator and should address 2368
the relevant criteria listed in §204.21, with supporting documentation that contains factual 2369
data and professional estimates on the fire or fire complex. To ensure that FEMA can 2370
process a State’s request for a fire management assistance declaration as expeditiously as 2371
possible, the State should transmit the request by telephone, promptly followed by written 2372
documentation. 2373
§204.23 Processing a request for a fire management assistance declaration. 2374
(a) In processing a State’s request for a fire management assistance declaration, the 2375
Regional Administrator, in coordination with the Principal Advisor, will verify the information 2376
submitted in the State’s request. 2377
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(b) The Principal Advisor, at the request of the Regional Administrator, is responsible for 2378
providing FEMA a technical assessment of the fire or fire complex for which the State is 2379
requesting a fire management assistance declaration. The Principal Advisor may consult 2380
with State agencies, usually emergency management or forestry, as well as the Incident 2381
Commander, in order to provide FEMA with an accurate assessment. 2382
§204.24 Determination on request for a fire management assistance declaration. 2383
The Administrator will review all information submitted in the State’s request along with the 2384
Principal Advisor’s assessment and render a determination. The determination will be based 2385
on the conditions of the fire or fire complex existing at the time of the State’s request. When 2386
possible, the Administrator will evaluate the request and make a determination within 2387
several hours. Once the Administrator renders a determination, FEMA will promptly notify the 2388
State of the determination. 2389
§204.25 FEMA-State agreement for fire management assistance grant program. 2390
(a) After a State’s request for a fire management assistance declaration has been approved, 2391
the Governor and Regional Administrator will enter into a standing FEMA-State Agreement 2392
(the Agreement) for the declared fire and for future declared fires in that calendar year. The 2393
State must have a signed and up-to-date FEMA-State Agreement before receiving Federal 2394
funding for fire management assistance grants. FEMA will provide no funding absent a 2395
signed and up-to-date Agreement. An Indian tribal government serving as Recipient, must 2396
sign a FEMA-Tribal Agreement, modeled upon the FEMA-State Agreement. 2397
(b) The Agreement states the understandings, commitments, and conditions under which 2398
FEMA will provide Federal assistance, including the cost share provision and articles of 2399
agreement necessary for the administration of grants approved under fire management 2400
assistance declarations. The Agreement must also identify the State legislative authority for 2401
firefighting, as well as the State’s compliance with the laws, regulations, and other 2402
provisions applicable to the Fire Management Assistance Grant Program. 2403
(c) For each subsequently declared fire within the calendar year, the parties must add a 2404
properly executed amendment, which defines the incident period and contains the official 2405
declaration number. Other amendments modifying the standing Agreement may be added 2406
throughout the year to reflect changes in the program or signatory parties. 2407
§204.26 Appeal of fire management assistance declaration denial. 2408
(a) Submitting an appeal. When a State’s request for a fire management assistance 2409
declaration is denied, the Governor or GAR may appeal the decision in writing within 30 days 2410
after the date of the letter denying the request. The State should submit this one-time 2411
request for reconsideration in writing, with appropriate additional information to the 2412
Administrator through the Regional Administrator. The Administrator will reevaluate the 2413
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State’s request and notify the State of the final determination within 90 days of receipt of 2414
the appeal or the receipt of additional requested information. 2415
(b) Requesting a time-extension. The Administrator may extend the 30-day period for filing 2416
an appeal, provided that the Governor or the GAR submits a written 2417
(c) Request for such an extension within the 30-day period. The Administrator will evaluate 2418
the need for an extension based on the reasons cited in the request and either approve or 2419
deny the request for an extension. 2420
§§204.27-204.40 [Reserved] 2421
Subpart C—Eligibility 2422
§204.41 Applicant eligibility. 2423
(a) The following entities are eligible to apply through a State Recipient for a subgrant under 2424
an approved fire management assistance grant: 2425
(1) State agencies; 2426
(2) Local governments; and 2427
(3) Indian tribal governments. 2428
(b) Entities that are not eligible to apply for a subgrant as identified in (a), such as privately-2429
owned entities and volunteer firefighting organizations, may be reimbursed through a 2430
contract or compact with an eligible applicant for eligible costs associated with the fire or 2431
fire complex. 2432
(c) Eligibility is contingent upon a finding that the Incident Commander or comparable State 2433
official requested the applying entity’s resources. 2434
(d) The activities performed must be the legal responsibility of the applying entity, required 2435
as the result of the declared fire, and located within the designated area. 2436
[66 FR 57347, Nov. 14, 2001, as amended at 82 FR 42, Jan. 3, 2017] 2437
§204.42 Eligible costs. 2438
(a) General. (1) All eligible work and related costs must be associated with the incident 2439
period of a declared fire. 2440
(2) Before obligating Federal funds the Regional Administrator must review and approve the 2441
initial grant application, along with Project Worksheets submitted with the application and 2442
any subsequent amendments to the application. 2443
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(3) Recipients will award Federal funds to subrecipients under State law and procedure and 2444
complying with 2 CFR parts 200 and 3002. 2445
(b) Equipment and supplies. Eligible costs include: 2446
(1) Personal comfort and safety items normally provided by the State under field conditions 2447
for firefighter health and safety. 2448
(2) Firefighting supplies, tools, materials, expended or lost, to the extent not covered by 2449
reasonable insurance, will be replaced with comparable items. 2450
(3) Operation and maintenance costs of publicly owned, contracted, rented, or volunteer 2451
firefighting department equipment used in eligible firefighting activities to the extent any of 2452
these costs are not included in applicable equipment rates. 2453
(4) Use of U.S. Government-owned equipment based on reasonable costs as billed by the 2454
Federal agency and paid by the State. (Only direct costs for use of Federal Excess Personal 2455
Property (FEPP) vehicles and equipment on loan to State Forestry and local cooperators may 2456
be eligible.) 2457
(5) Repair of equipment damaged in firefighting activities to the extent not covered by 2458
reasonable insurance. FEMA will use the lowest applicable equipment rates, or other rates 2459
that FEMA determines, to calculate the eligible cost of repairs. 2460
(6) Replacement of equipment lost or destroyed in firefighting activities, to the extent not 2461
covered by reasonable insurance, will be replaced with comparable equipment. 2462
(c) Labor costs. Eligible costs include: 2463
(1) Overtime for permanent or reassigned State and local employees. 2464
(2) Regular time and overtime for temporary and contract employees hired to perform fire-2465
related activities. 2466
(d) Travel and per diem costs. Eligible costs include: 2467
(1) Travel and per diem of employees who are providing services directly associated with 2468
eligible fire-related activities may be eligible. 2469
(2) Provision of field camps and meals when made available in place of per diem; 2470
(e) Pre-positioning costs. (1) The actual costs of pre-positioning Federal, out-of-State 2471
(including compact), and international resources for a limited period may be eligible when 2472
those resources are used in response to a declared fire. 2473
(2) The Regional Administrator must approve all pre-positioning costs. 2474
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(i) Upon approval of a State’s request for a fire management assistance declaration by the 2475
Assistant Administrator for the Disaster Assistance Directorate, the State should 2476
immediately notify the Regional Administrator of its intention to seek funding for pre-2477
positioning resources. 2478
(ii) The State must document the number of pre-positioned resources to be funded and their 2479
respective locations throughout the State, estimate the cost of the pre-positioned resources 2480
that were used on the declared fire and the amount of time the resources were pre-2481
positioned, and provide a detailed explanation of the need to fund the pre-positioned 2482
resources. 2483
(iii) The State will base the detailed explanation on recognized scientific indicators, that 2484
include, but are not limited to, drought indices, short-term weather forecasts, the current 2485
number of fires burning in the State, and the availability of in-State firefighting resources. 2486
The State may also include other quantitative indicators with which to measure the 2487
increased risk of the threat of a major disaster. 2488
(iv) Based on the information contained in the State’s notification, the Regional 2489
Administrator will determine the number of days of pre-positioning to be approved for 2490
Federal funding, up to a maximum of 21 days before the fire declaration. 2491
(3) Upon rendering his/her determination on pre-positioning costs, the Regional 2492
Administrator will notify the Assistant Administrator for the Disaster Assistance Directorate 2493
of his/her determination. 2494
(f) Emergency work. FEMA may authorize the use of section 403 of the Stafford Act, 2495
Essential Assistance, under an approved fire management assistance grant when directly 2496
related to the mitigation, management, and control of the declared fire. Essential assistance 2497
activities that may be eligible include, but are not limited to, police barricading and traffic 2498
control, extraordinary emergency operations center expenses, evacuations and evacuations, 2499
search and rescue, arson investigation teams, public information, and the limited removal of 2500
trees that pose a threat to the general public. 2501
(g) Temporary repair of damage caused by firefighting activities. Temporary repair of 2502
damage caused by eligible firefighting activities listed in this subpart involves short-term 2503
actions to repair damage directly caused by the firefighting effort or activities. This includes 2504
minimal repairs to bulldozer lines, camps, and staging areas to address safety concerns; as 2505
well as minimal repairs to facilities damaged by the firefighting activities such as fences, 2506
buildings, bridges, roads, etc. All temporary repair work must be completed within thirty days 2507
of the close of the incident period for the declared fire. 2508
(h) Mobilization and demobilization. Costs for mobilization to, and demobilization from, a 2509
declared fire may be eligible for reimbursement. Demobilization may be claimed at a 2510
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delayed date if deployment involved one or more declared fires. If resources are being used 2511
on more than one declared fire, mobilization and demobilization costs must be claimed 2512
against the first declared fire. 2513
(i) Fires on co-mingled Federal/State lands. Reasonable costs for the mitigation,2514
management, and control of a declared fire burning on co-mingled Federal and State land2515
may be eligible in cases where the State has a responsibility for suppression activities under2516
an agreement to perform such action on a non-reimbursable basis. (This provision is an2517
exception to normal FEMA policy under the Stafford Act and is intended to accommodate2518
only those rare instances that involve State firefighting on a Stafford Act section 420 fire2519
incident involving co-mingled Federal/State and privately-owned forest or grassland.)2520
§204.43 Ineligible costs.2521
Costs not directly associated with the incident period are ineligible. Ineligible costs include 2522
the following: 2523
(a) Costs incurred in the mitigation, management, and control of undeclared fires;2524
(b) Costs related to planning, pre-suppression (i.e., cutting fire-breaks without the presence2525
of an imminent threat, training, road widening, and other similar activities), and recovery2526
(i.e., land rehabilitation activities, such as seeding, planting operations, and erosion control,2527
or the salvage of timber and other materials, and restoration of facilities damaged by fire); 2528
(c) Costs for the straight or regular time salaries and benefits of a Subrecipient’s2529
permanently employed or reassigned personnel;2530
(d) Costs for mitigation, management, and control of a declared fire on co-mingled Federal2531
land when such costs are reimbursable to the State by a Federal agency under another2532
statute (See 44 CFR part 51);2533
(e) Fires fought on Federal land are generally the responsibility of the Federal Agency that2534
owns or manages the land. Costs incurred while fighting fires on federally owned land are2535
not eligible under the Fire Management Assistance Grant Program except as noted in2536
§204.42(i).2537
§§204.44-204.50 [Reserved]2538
Subpart D—Application Procedures 2539
§204.51 Application and approval procedures for a fire management assistance grant.2540
(a) Preparing and submitting an application. (1) After the approval of a fire management2541
assistance declaration, the State may submit an application package for a grant to the2542
Regional Administrator. The application package must include the Application for Federal2543
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Assistance and Summary of Assurances—Non-construction Programs, as well as supporting 2544
documentation for the budget. 2545
(2) The State must submit its grant application within 9 months of the declaration. Upon 2546
receipt of the written request from the State, the Regional Administrator may grant an 2547
extension for up to 6 months. The State’s request must include a justification for the 2548
extension. 2549
(b) Fire cost threshold. (1) FEMA will approve the initial grant award to the State when FEMA 2550
determines that the State’s application demonstrates either of the following: 2551
(i) Total eligible costs for the declared fire meet or exceed the individual fire cost threshold; 2552
or 2553
(ii) Total costs of all declared and non-declared fires for which a State has assumed 2554
responsibility in a given calendar year meet the cumulative fire cost threshold. 2555
(2) The individual fire cost threshold for a State is the greater of the following: 2556
(i) $100,000; or 2557
(ii) Five percent × $1.07 × the State population, adjusted annually for inflation using the 2558
Consumer Price Index for All Urban Consumers published annually by the Department of 2559
Labor. 2560
(3) The cumulative fire cost threshold for a State is the greater of the following: 2561
(i) $500,000; or 2562
(ii) Three times the five percent × $1.07 × the State population as described in 2563
§204.51(b)(2)(ii). 2564
(4) States must document the total eligible costs for a declared fire on Project Worksheets, 2565
which they must submit with the grant application. 2566
(5) FEMA will not consider the costs of pre-positioning resources for the purposes of 2567
determining whether the grant application meets the fire cost threshold. 2568
(6) When the State’s total eligible costs associated with the fire management assistance 2569
declaration meet or exceed the fire cost threshold eligible costs will be cost shared in 2570
accordance with §204.61. 2571
(c) Approval of the State’s grant application. The Regional Administrator has 45 days from 2572
receipt the State’s grant application or an amendment to the State’s grant application, 2573
including attached supporting Project Worksheet(s), to review and approve or deny the grant 2574
application or amendment; or to notify the Recipient of a delay in processing funding. 2575
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(d) Obligation of the grant. Before FEMA approves the State’s grant application, the State 2576
must have an up-to-date State Administrative Plan and a Hazard Mitigation Plan that has 2577
been reviewed and approved by the Regional Administrator. Once these plans are approved 2578
by the Regional Administrator, the State’s grant application may be approved, and FEMA 2579
may begin to obligate the Federal share of funding for subgrants to the Recipient. 2580
(1) State administrative plan. (i) The State must develop an Administrative Plan (or have a 2581
current Administrative Plan on file with FEMA) that describes the procedures for the 2582
administration of the Fire Management Assistance Grant Program. The Plan will include, at a 2583
minimum, the items listed below: 2584
(A) The designation of the State agency or agencies which will have responsibility for 2585
program administration. 2586
(B) The identification of staffing functions for the Fire Management Assistance Program, the 2587
sources of staff to fill these functions, and the management and oversight responsibilities of 2588
each. 2589
(C) The procedures for: 2590
(1) Notifying potential applicants of the availability of the program; 2591
(2) Assisting FEMA in determining applicant eligibility; 2592
(3) Submitting and reviewing subgrant applications; 2593
(4) Processing payment for subgrants; 2594
(5) Submitting, reviewing, and accepting subgrant performance and financial reports; 2595
(6) Monitoring, close-out, and audit and reconciliation of subgrants; 2596
(7) Recovering funds for disallowed costs; 2597
(8) Processing appeal requests and requests for time extensions; and 2598
(9) Providing technical assistance to applicants and subgrant recipients, including briefings 2599
for potential applicants and materials on the application procedures, program eligibility 2600
guidance and program deadlines. 2601
(ii) The Recipient may request the Regional Administrator to provide technical assistance in 2602
the preparation of the State Administrative Plan. 2603
(2) Hazard Mitigation Plan. As a requirement of receiving funding under a fire management 2604
assistance grant, a State, or tribal organization, acting as Recipient, must: 2605
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(i) Develop a Mitigation Plan in accordance with 44 CFR part 201 that addresses wildfire 2606
risks and mitigation measures; or 2607
(ii) Incorporate wildfire mitigation into the existing Mitigation Plan developed and approved 2608
under 44 CFR part 201 that also addresses wildfire risk and contains a wildfire mitigation 2609
strategy and related mitigation initiatives. 2610
§204.52 Application and approval procedures for a subgrant under a fire management 2611
assistance grant. 2612
(a) Request for Fire Management Assistance. (1) State, local, and tribal governments 2613
interested in applying for fire management assistance subgrants must submit a Request for 2614
Fire Management Assistance subgrant to the Recipient in accordance with State procedures 2615
and within timelines set by the Recipient, but no longer than 30 days after the close of the 2616
incident period. 2617
(2) The Recipient will review and forward the Request to the Regional Administrator for final 2618
review and determination. The Recipient may also forward a recommendation for approval 2619
of the Request to the Regional Administrator when appropriate. 2620
(3) The Regional Administrator will approve or deny the request based on the eligibility 2621
requirements outlined in §204.41. 2622
(4) The Regional Administrator will notify the Recipient of his/her determination; the 2623
Recipient will inform the applicant. 2624
(b) Preparing a Project Worksheet. (1) Once the Regional Administrator approves an 2625
applicant’s Request for Fire Management Assistance, the Regional Administrator’s staff may 2626
begin to work with the Recipient and local staff to prepare Project Worksheets. 2627
(2) The Regional Administrator may request the Principal Advisor to assist in the preparation 2628
of Project Worksheets. 2629
(3) The State will be the primary contact for transactions with and on behalf of the applicant. 2630
(c) Submitting a Project Worksheet. (1) Applicants should submit all Project Worksheets 2631
through the Recipient for approval and transmittal to the Regional Administrator as part of 2632
the State’s application. 2633
(2) The Recipient will determine the deadline for an applicant to submit completed Project 2634
Worksheets, but the deadline must be no later than six months from close of the incident 2635
period. 2636
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(3) At the request of the Recipient, the Regional Administrator may extend the time 2637
limitations in this section for up to 6 months when the Recipient justifies and makes a 2638
request in writing. 2639
(4) Project Worksheets will not be accepted after the deadline in paragraph (c)(2) of this 2640
section has expired, or, if applicable, after an extension specified by the Regional 2641
Administrator in paragraph (c)(3) of this section has expired. 2642
(5) $1,000 Project Worksheet minimum. When the costs reported are less than $1,000, 2643
that work is not eligible, and FEMA will not approve that Project Worksheet. This minimum 2644
threshold does not apply to Project Worksheets submitted for the direct and indirect costs of 2645
administration of a fire grant, as defined in §204.63. 2646
§204.53 Certifying costs and payments. 2647
(a) By submitting applicants’ Project Worksheets to FEMA, the Recipient is certifying that all 2648
costs reported on applicant Project Worksheets were incurred for work that was performed 2649
in compliance with FEMA laws, regulations, policy and guidance applicable to the Fire 2650
Management Assistance Grant Program, as well as with the terms and conditions outlined 2651
for the administration of the grant in the FEMA-State Agreement for the Fire Management 2652
Assistance Grant Program. 2653
(b) Advancement/Reimbursement for State grant costs will be processed as follows: 2654
(1) Through the U.S. Department of Health and Human Services SMARTLINK system; and 2655
(2) In compliance with 2 CFR 200.305 and U.S. Treasury 31 CFR part 205, Cash 2656
Management Improvement Act. 2657
§204.54 Appeals. 2658
An eligible applicant, Subrecipient, or Recipient may appeal any determination FEMA makes 2659
related to an application for the provision of Federal assistance according to the procedures 2660
below. 2661
(a) Format and content. The applicant or Subrecipient will make the appeal in writing 2662
through the Recipient to the Regional Administrator. The Recipient will review and evaluate 2663
all Subrecipient appeals before submission to the Regional Administrator. The Recipient may 2664
make Recipient-related appeals to the Regional Administrator. The appeal will contain 2665
documented justification supporting the appellant’s position, specifying the monetary figure 2666
in dispute and the provisions in Federal law, regulation, or policy with which the appellant 2667
believes the initial action was inconsistent. 2668
(b) Levels of appeal. (1) The Regional Administrator will consider first appeals for fire 2669
management assistance grant-related decisions under subparts A through E of this part. 2670
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(2) The Assistant Administrator for the Disaster Assistance Directorate will consider appeals 2671
of the Regional Administrator’s decision on any first appeal under paragraph (b)(1) of this 2672
section. 2673
(c) Time limits. (1) Appellants must file appeals within 60 days after receipt of a notice of the 2674
action that is being appealed. 2675
(2) The Recipient will review and forward appeals from an applicant or Subrecipient, with a 2676
written recommendation, to the Regional Administrator within 60 days of receipt. 2677
(3) Within 90 days following receipt of an appeal, the Regional Administrator (for first 2678
appeals) or Assistant Administrator for the Disaster Assistance Directorate (for second 2679
appeals) will notify the Recipient in writing of the disposition of the appeal or of the need for 2680
additional information. A request by the Regional Administrator or Assistant Administrator for 2681
the Disaster Assistance Directorate for additional information will include a date by which 2682
the information must be provided. Within 90 days following the receipt of the requested 2683
additional information or following expiration of the period for providing the information, the 2684
Regional Administrator or Assistant Administrator for the Disaster Assistance Directorate will 2685
notify the Recipient in writing of the disposition of the appeal. If the decision is to grant the 2686
appeal, the Regional Administrator will take appropriate implementing action. 2687
(d) Technical advice. In appeals involving highly technical issues, the Regional Administrator 2688
or may, at his or her discretion, submit the appeal to an independent scientific or technical 2689
person or group having expertise in the subject matter of the appeal for advice or 2690
recommendation. The period for this technical review may be in addition to other allotted 2691
time periods. Within 90 days of receipt of the report, the Regional Administrator or Assistant 2692
Administrator for the Disaster Assistance Directorate will notify the Recipient in writing of the 2693
disposition of the appeal. 2694
(e) The decision of the Assistant Administrator for the Disaster Assistance Directorate at the 2695
second appeal level will be the final administrative decision of FEMA. 2696
§§204.55-204.60 [Reserved] 2697
Subpart E—Grant Administration 2698
§204.61 Cost share. 2699
(a) All fire management assistance grants are subject to a cost share. The Federal cost 2700
share for fire management assistance grants is seventy-five percent (75%). 2701
(b) As stated in §204.25, the cost share provision will be outlined in the terms and 2702
conditions of the FEMA-State Agreement for the Fire Management Assistance Grant 2703
Program. 2704
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§204.62 Duplication and recovery of assistance. 2705
(a) Duplication of benefits. FEMA provides supplementary assistance under the Stafford Act, 2706
which generally may not duplicate benefits received by or available to the applicant from 2707
insurance, other assistance programs, legal awards, or any other source to address the 2708
same purpose. An applicant must notify FEMA of all benefits that it receives or anticipates 2709
from other sources for the same purpose and must seek all such benefits available to them. 2710
FEMA will reduce the grant by the amounts available for the same purpose from another 2711
source. FEMA may provide assistance under this Part when other benefits are available to 2712
an applicant, but the applicant will be liable to FEMA for any duplicative amounts that it 2713
receives or has available to it from other sources and must repay FEMA for such amounts. 2714
(b) Duplication of programs. FEMA will not provide assistance under this part for activities 2715
for which another Federal agency has more specific or primary authority to provide 2716
assistance for the same purpose. FEMA may disallow or recoup amounts that fall within 2717
another Federal agency’s authority. FEMA may provide assistance under this part, but the 2718
applicant must agree to seek assistance from the appropriate Federal agency and to repay 2719
FEMA for amounts that are within another Agency’s authority. 2720
(c) Negligence. FEMA will provide no assistance to an applicant for costs attributable to 2721
applicant’s own negligence. If the applicant suspects negligence by a third party for causing 2722
a condition for which FEMA made assistance available under this Part, the applicant is 2723
responsible for taking all reasonable steps to recover all costs attributable to the negligence 2724
of the third party. FEMA generally considers such amounts to be duplicated benefits 2725
available to the Recipient or Subrecipient and will treat them consistent with (a) of this 2726
section. 2727
(d) Intentional acts. Any person who intentionally causes a condition for which assistance is 2728
provided under this part shall be liable to the United States to the extent that FEMA incurs 2729
costs attributable to the intentional act or omission that caused the condition. FEMA may 2730
provide assistance under this part, but it will be conditioned on an agreement by the 2731
applicant to cooperate with FEMA in efforts to recover the cost of the assistance from the 2732
liable party. A person shall not be liable under this section as a result of actions the person 2733
takes or omits in the course of rendering care or assistance in response to the fire. 2734
§204.63 Allowable costs. 2735
2 CFR part 200, subpart E—Cost Principles establishes general policies for determining 2736
allowable costs. 2737
(a) FEMA will reimburse direct costs for the administration of a fire management assistance 2738
grant under 2 CFR part 200. 2739
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(b) FEMA will reimburse indirect costs for the administration of a fire management 2740
assistance grant in compliance with the Recipient’s approved indirect cost rate under 2 CFR 2741
part 200. 2742
(c) Management costs as defined in 44 CFR part 207 do not apply to this section. 2743
§204.64 Reporting and audit requirements 2744
(a) Reporting. Within 90-days of the Performance Period expiration date, the State will 2745
submit a final Financial Status Report, which reports all costs incurred within the incident 2746
period and all administrative costs incurred within the performance period; and 2747
(b) Audit. (1) Audits will be performed, for both the Recipient and the subrecipients, under 2 2748
CFR §200.500-200.520. 2749
(2) FEMA may elect to conduct a program-specific Federal audit on the Fire Management 2750
Assistance Grant or a subgrant. 2751
2752
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APPENDIX K: MAP OF FEMA REGIONS 2753
2754
2755
2756
2757
2758
2759
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