44 CFR 206.347 - Requirements.

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There are 4 Updates appearing in the Federal Register for 44 CFR 206. View below or at eCFR (GPOAccess)
§ 206.347 Requirements.
(a) Location determination. For each disaster assistance action which is proposed on the Atlantic or Gulf Coasts, the Regional Administrator shall:
(1) Review a proposed action's location to determine if the action is on or connected to the CBRS unit and thereby subject to these regulations. The appropriate Department of Interior map identifying units of the CBRS will be the basis of such determination. The CBRS units are also identified on FEMA Flood Insurance Maps (FIRM's) for the convenience of field personnel.
(2) If an action is determined not to be on or connected to a unit of the CBRS, no further requirements of these regulations needs to be met, and the action may be processed under other applicable disaster assistance regulations.
(3) If an action is determined to be on or connected to a unit of the CBRS, it is subject to the consultation and consistency requirements of CBRA as prescribed in §§ 206.348 and 206.349.
(b) Emergency disaster assistance. For each emergency disaster assistance action listed in § 206.346(a), the Regional Administrator shall perform the required consultation. CBRA requires that FEMA consult with the Secretary of the Interior before taking any action on a System unit. The purpose of such consultation is to solicit advice on whether the action is or is not one which is permitted by section 6 of CBRA and whether the action is or is not consistent with the purposes of CBRA as defined in section 1 of that statute.
(1) FEMA has conducted advance consultation with the Department of the Interior concerning such emergency actions. The result of the consultation is that the Secretary of the Interior through the Assistance Secretary for Fish and Wildlife and Parks has concurred that the emergency work listed in § 206.346(a) is consistent with the purposes of CBRA and may be approved by FEMA without additional consultation.
(2) Notification. As soon as practicable, the Regional Administrator will notify the designated Department of the Interior representative at the regional level of emergency projects that have been approved. Upon request from the Secretary of the Interior, the Director, Office of Environmental Planning and Historic Preservation, Mitigation Directorate will supply reports of all current emergency actions approved on CBRS units. Notification will contain the following information:
(i) Identification of the unit in the CBRS;
(ii) Description of work approved;
(iii) Amount of Federal funding; and
(iv) Additional measures required.
(c) Permanent restoration assistance. For each permanent restoration assistance action including but not limited to those listed in § 206.346(b), the Regional Administrator shall meet the requirements set out below.
(1) Essential links. For the repair or replacement of publicly owned or operated roads, structures or facilities which are essential links in a larger network or system:
(i) No facility may be expanded beyond its predisaster design.
(ii) Consultation in accordance with § 206.348 shall be accomplished.
(2) Channel improvements. For the repair of existing channels, related structures and the disposal of dredged materials:
(i) No channel or related structure may be repaired, reconstructed, or replaced unless funds were appropriated for the construction of such channel or structure before October 18, 1982;
(ii) Expansion of the facility beyond its predisaster design is not permitted;
(iii) Consultation in accordance with § 206.348 shall be accomplished.
(3) Energy facilities. For the repair of facilities necessary for the exploration, extraction or transportation of energy resources:
(i) No such facility may be repaired, reconstructed or replaced unless such function can be carried out only in, on, or adjacent to a coastal water area because the use or facility requires access to the coastal water body;
(ii) Consultation in accordance with § 206.348 shall be accomplished.
(4) Special-purpose facilities. For the repair of facilities used for the study, management, protection or enhancement of fish and wildlife resources and habitats and related recreational projects; air and water navigation aids and devices and access thereto; and facilities used for scientific research, including but not limited to aeronautical, atmospheric, space, geologic, marine, fish and wildlife and other research, development, and applications; and, nonstructural facilities that are designed to mimic, enhance or restore natural shoreline stabilization systems:
(i) Consultation in accordance with § 206.348 shall be accomplished;
(ii) No such facility may be repaired, reconstructed, or replaced unless it is otherwise consistent with the purposes of CBRA in accordance with § 206.349.
(5) Other public facilities. For the repair, reconstruction, or replacement of publicly owned or operated roads, structures, or facilities that do not fall within the categories identified in paragraphs (c)(1), (2), (3), and (4) of this section:
(i) No such facility may be repaired, reconstructed, or replaced unless it is an “existing facility;”
(ii) Expansion of the facility beyond its predisaster design is not permitted;
(iii) Consultation in accordance with § 206.348 shall be accomplished;
(iv) No such facility may be repaired, reconstructed, or replaced unless it is otherwise consistent with the purposes of CBRA in accordance with § 206.349.
(6) Private nonprofit facilities. For eligible private nonprofit facilities as defined in these regulations and of the type described in paragraphs (c)(1), (2), (3), and (4) of this section:
(i) Consultation in accordance with § 206.348 shall be accomplished.
(ii) No such facility may be repaired, reconstructed, or replaced unless it is otherwise consistent with the purposes of CBRA in accordance with § 206.349.
(7) Improved project. An improved project may not be approved for a facility in the CBRS if such grant is to be combined with other funding, resulting in an expansion of the facility beyond the predisaster design. If a facility is exempt from the expansion prohibitions of CBRA by virtue of falling into one of the categories identified in paragraph (c)(1), (2), (3), or (4) of this section, then an improved project for such facilities is not precluded.
(8) Alternate project. A new or enlarged facility may not be constructed on a unit of the CBRS under the provisions of the Stafford Act unless the facility is exempt from the expansion prohibition of CBRA by virtue of falling into one of the categories identified in paragraph (c)(1), (2), (3), or (4) of this section.

Title 44 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 44.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-10-24; vol. 79 # 206 - Friday, October 24, 2014
    1. 79 FR 63540 - Disaster Assistance; Fire Management Assistance Grant (FMAG) Program—Deadline Extensions and Administrative Correction
      GPO FDSys XML | Text
      FEDERAL EMERGENCY MANAGEMENT AGENCY, DHS
      Final rule.
      This rule is effective November 24, 2014.
      44 CFR Parts 204 and 206

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 6 - DOMESTIC SECURITY
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 5121 - Congressional findings and declarations

§ 5122 - Definitions

§ 5131 - Federal and State disaster preparedness programs

§ 5132 - Disaster warnings

§ 5133 - Predisaster hazard mitigation

§ 5134 - Interagency task force

§ 5141 - Waiver of administrative conditions

§ 5142 - Repealed.

§ 5143 - Coordinating officers

§ 5144 - Emergency support and response teams

§ 5145, 5146 - Repealed.

§ 5147 - Reimbursement of Federal agencies

§ 5148 - Nonliability of Federal Government

§ 5149 - Performance of services

§ 5150 - Use of local firms and individuals

§ 5151 - Nondiscrimination in disaster assistance

§ 5152 - Use and coordination of relief organizations

§ 5153 - Priority to certain applications for public facility and public housing assistance

§ 5154 - Insurance

§ 5154a - Prohibited flood disaster assistance

§ 5155 - Duplication of benefits

§ 5156 - Standards and reviews

§ 5157 - Penalties

§ 5158 - Availability of materials

§ 5159 - Protection of environment

§ 5160 - Recovery of assistance

§ 5161 - Audits and investigations

§ 5162 - Advance of non-Federal share

§ 5163 - Limitation on use of sliding scales

§ 5164 - Rules and regulations

§ 5165 - Mitigation planning

§ 5165a - Minimum standards for public and private structures

§ 5165b - Management costs

§ 5165c - Public notice, comment, and consultation requirements

§ 5165d - Designation of Small State and Rural Advocate

§ 5170 - Procedure for declaration

§ 5170a - General Federal assistance

§ 5170b - Essential assistance

§ 5170c - Hazard mitigation

§ 5171 - Federal facilities

§ 5172 - Repair, restoration, and replacement of damaged facilities

§ 5173 - Debris removal

§ 5174 - Federal assistance to individuals and households

§ 5175 - Repealed.

§ 5176 - Repealed.

§ 5177 - Unemployment assistance

§ 5177a - Emergency grants to assist low-income migrant and seasonal farmworkers

§ 5178 - Repealed.

§ 5179 - Benefits and distribution

§ 5180 - Food commodities

§ 5181 - Relocation assistance

§ 5182 - Legal services

§ 5183 - Crisis counseling assistance and training

§ 5184 - Community disaster loans

§ 5185 - Emergency communications

§ 5186 - Emergency public transportation

§ 5187 - Fire management assistance

§ 5188 - Timber sale contracts

§ 5189 - Simplified procedure

§ 5189a - Appeals of assistance decisions

§ 5189b - Date of eligibility; expenses incurred before date of disaster

§ 5189c - Transportation assistance to individuals and households

§ 5189d - Case management services

§ 5189e - Essential service providers

§ 5191 - Procedure for declaration

§ 5192 - Federal emergency assistance

§ 5193 - Amount of assistance

§ 5195 - Declaration of policy

§ 5195a - Definitions

§ 5195b - Administration of subchapter

§ 5195c - Critical infrastructures protection

§ 5196 - Detailed functions of administration

§ 5196a - Mutual aid pacts between States and neighboring countries

§ 5196b - Contributions for personnel and administrative expenses

§ 5196c - Grants for construction of emergency operations centers

§ 5196d - Use of funds to prepare for and respond to hazards

§ 5196e - Radiological Emergency Preparedness Fund

§ 5196f - Disaster related information services

§ 5197 - Administrative authority

§ 5197a - Security regulations

§ 5197b - Use of existing facilities

§ 5197c - Annual report to Congress

§ 5197d - Applicability of subchapter

§ 5197e - Authorization of appropriations and transfers of funds

§ 5197f - Relation to Atomic Energy Act of 1954

§ 5197g - Federal Bureau of Investigation

§ 5197h - Minority emergency preparedness demonstration program

§ 5201 - Rules and regulations

§ 5202 - Repealed.

§ 5203 - Excess disaster assistance payments as budgetary emergency requirements

§ 5204 - Insular areas disaster survival and recovery; definitions

§ 5204a - Authorization of appropriations for insular areas

§ 5204b - Technical assistance for insular areas

§ 5204c - Hazard mitigation for insular areas

§ 5205 - Disaster grant closeout procedures

§ 5206 - Buy American

§ 5207 - Firearms policies

Title 44 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 44 CFR 206 after this date.

  • 2014-10-24; vol. 79 # 206 - Friday, October 24, 2014
    1. 79 FR 63540 - Disaster Assistance; Fire Management Assistance Grant (FMAG) Program—Deadline Extensions and Administrative Correction
      GPO FDSys XML | Text
      FEDERAL EMERGENCY MANAGEMENT AGENCY, DHS
      Final rule.
      This rule is effective November 24, 2014.
      44 CFR Parts 204 and 206