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97.046 FIRE MANAGEMENT ASSISTANCE GRANT

FEDERAL AGENCY
DEPARTMENT OF HOMELAND SECURITY

AUTHORIZATION
Robert T. Stafford Disaster Relief and Emergency Act, Section 420 of Public Law 93-288, as amended, 42 U.S.C.5187 as amended by the disaster Mitigation Act of 2000. On October 30, 2001, the Fire Management Assistance Grant Program replaced the Fire Suppression Assistance Program.

OBJECTIVES
To provide grants to States, Indian tribal governments and local governments for the mitigation, management and control of any fire burning on publicly (nonfederal) or privately owned forest or grassland that threatens such destruction as would constitute a major disaster.

TYPES OF ASSISTANCE
Project Grants; Provision of Specialized Services.

USES AND USE RESTRICTIONS
Fire Management Assistance Grants are made in the form of cost-sharing grants for the mitigation, management, and control of any fire on publicly (nonfederal) or privately owned forestland or grassland that threatens such destruction as would constitute a major disaster. The Fire Management Assistance Grant Program, authorized by the Stafford Act and amended by the Disaster Mitigation Act of 2000, provides for the mitigation, management and control of fires that threaten such destruction as would constitute a major disaster.

Applicant Eligibility
State governments and Indian tribal governments are eligible for fire management assistance grants. The State or Indian tribal government may be the Grantee. The Grantee is the government to which a grant is awarded, and is accountable for the use of funds provided.

Beneficiary Eligibility
The State Government and/or Indian tribal government, acting as the Grantee, is the government to which the grant is awarded and which is accountable for the use of the funds provided. Other State entities, Indian tribal governments and local governments are eligible to apply for subgrants.

Credentials/Documentation
Costs will be determined in accordance with FEMA Regulations, 44 CFR Part 204. Federal funds will be awarded to subgrantees in accordance with State law and procedure and in compliance with 44 CFR Part 13 and 204. Grant awards will be determined in accordance with OMB Circulars No. A-87 and No. A-102 for State and local governments.

Preapplication Coordination
A FEMA-State Agreement and/or Indian tribal Agreement for the Fire Management Assistance Grant Program (the agreement)is signed by the Governor/Indian tribal government and the Regional Administrator at the beginning of the calendar year or after a State's first fire management assistance grant declaration in a calendar year. The agreement is amended for subsequent approvals of assistance for the remainder of the year. This agreement outlines the level of fire management assistance to be provided for all fires declared during the calendar year, and contains the necessary terms and conditions for requesting and receiving assistance. This program is excluded from coverage under E.O. 12372.

Application Procedure
The Governor, Governor's Authorized Representative, or Indian tribal government may request a fire management assistance declaration through the FEMA Regional Administrator. To expedite the request, the State or Indian tribal government may submit a telephone request to the Regional Administrator, promptly followed by a confirming message or letter. The Assistant Administrator of the Disaster Assistance Directorate, shall render a decision on the State's request and notify the Regional Administrator of this decision. This decision may be relayed by telephone, to be followed by a written determination.

Award Procedure
None.

Deadlines
Requests for fire management assistance declarations must be submitted while a fire is burning uncontrolled and threatens such destruction as would constitute a major disaster.

Range of Approval/Disapproval Time
From 1 hour to 72 hours.

Appeals
States have the recourse to two types of appeals under the Fire Management Assistance Grant Program. Under the first type of appeal, a Governor, Governor's Authorized Representative, or Indian tribal government may appeal a denial of its request for a fire management assistance declaration. The State/Indian tribal government should submit this one-time request for reconsideration in writing, with additional information, to the Assistant Administrator of the Disaster Assistance Directorate through the Regional Administrator. The appeal must be submitted within 30 days of the date of the letter denying the State's/Indian tribal government's request. The Assistant Administrator will render the final determination on this type of appeal within 90 days of receipt of the appeal or receipt of the additional information requested. The Assistant Administrator may extend the 30-day period provided that the Governor, the Governor's Authorized Representative, or Indian tribal government submits a written request for a time extension within the 30-day period. The Assistant Administrator will evaluate the need for an extension based on the reasons cited in the request and either approve or deny the request for an extension. Under the second type of appeal, an applicant or subgrantee may appeal any determination FEMA makes under an approved fire management assistance declaration through a two level appeal process. Appellants must file appeals within 60 days after receipt of a notice of the action that is being appealed. The Grantee will review and forward appeals from an applicant or subgrantee, with a written recommendation, to the Regional Administrator within 60 days of receipt. The Regional Administrator will render a determination on first appeals for fire management assistance grant- related decisions within 90 days following receipt of the appeal or requested additional information. In the event the Regional Administrator denies the appeal, the applicant may submit a second-level appeal to the Assistant Administrator of the Disaster Assistance Directorate. Within 90 days following receipt of a second appeal, the Assistant Administrator, will notify the grantee in writing of the disposition of the appeal or of the need for additional information. If the decision is to grant the appeal, the Regional Administrator will take appropriate implementing action. The decision of the Assistant Administrator at the second appeal level shall be the final administrative decision of FEMA.

Renewals
None.

Formula and Matching Requirements
Fire Management Assistance Grants may be available to States on a 75 percent Federal/25 percent nonfederal cost-sharing basis when we determine that the State's application demonstrates either of the following: total eligible costs for the declared fire meet or exceed the individual fire cost threshold or total costs of all declared and non-declared fires in a given calendar year meet the cumulative fire cost threshold. The individual fire cost threshold for a State is the greater of $100,000 or five percent x $1.22 x state population. The cumulative fire cost threshold for a State is the greater of $500,000 or three times the five percent x $1.22 x State population. Both formulas are adjusted annually for inflation using the Consumer Price Index for All Urban Consumers published annually by the Department of Labor.

Length and Time Phasing of Assistance
The time interval for which a declared fire occurs is the incident period. Generally costs must be incurred during the incident period to be considered eligible. Pre-positioning of resources may be approved for Federal funding up to a maximum of 21 days before a declared fire. Mobilization and demobilization also occur outside the incident period and are eligible for Federal funding. Temporary repair work must be completed within 30 days of the close of the incident period for the declared fire.

Reports
Within 90 days of the Performance Period expiration date, the State must submit a Financial Status Report (FEMA Form 20-10) which reports all costs incurred within the incident period and all administrative costs incurred within the performance period. The performance period, defined on the SF-424, may be 9 months from the close of the incident period and may be extended for an additional 3 months by the Regional Administrator. During the performance period the Grantee will submit the subgrants, which document eligible costs; FEMA will review the eligibility of costs, and process, obligate, and close- out the grant.

Audits
In accordance with the provisions of OMB Circular A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Nonprofit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards (or receive property, or a combination of both, within the fiscal year) will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular A-133. These audits are due to the cognizant Federal agency, submitted through the Federal Audit Clearinghouse, not later than 9 months after the end of the grantees fiscal year.

Records
Grant records shall be retained for a period of 3 years from the day the recipient submits its final expenditure report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 3-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3-year period, whichever is later. Grant records include financial and program/progress reports, support documents, statistical records, and other documents that support the activity and/or expenditure of the recipient or sub-recipient under the award.

Account Identification
70-0702-0-1-453.

Obligations
(Grants and Services) FY 07 $62,179,997; FY 08 est $106,474,301; and FY 09 est not available.

Range and Average of Financial Assistance
None.

PROGRAM ACCOMPLISHMENTS
In FY 2006, 94 fire management assistance grants were authorized.

REGULATIONS, GUIDELINES, AND LITERATURE
Federal Disaster Assistance, Fire Management Assistance Grant Program Regulations, 44 CFR Part 204. See the Fire Management Assistance Grant Program page at: http://www.fema.gov/government/grant/fmagp/index.shtm.

Regional or Local Office
See Appendix IV of the Catalog for a listing of addresses for FEMA's Regional Offices.

Headquarters Office
Department of Homeland Security, Federal Emergency Management Agency (FEMA), c/o 245 Murray Lane - Bldg. #410, Washington, DC 20523. Telephone: (800) 621-FEMA (3363).

Web Site Address
www.fema.gov

RELATED PROGRAMS
None.

EXAMPLES OF FUNDED PROJECTS
None.

CRITERIA FOR SELECTING PROPOSALS
None.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)