§ 361.5Criteria for program assistance, matching contributions, and return of program assistance funds.
(a) In order to qualify for assistance, a State must:
(1) Demonstrate that the assistance will result in enhanced seismic safety in the State;
(2) Provide a share of the costs of the activities for which assistance is being given, in accordance with § 361.4; and
(3) Demonstrate that it is taking actions to ensure its ability to meet the 50 percent cash contribution commitment either on an ongoing basis or for new States, by the fourth year of funding.
(i) The Governor of newly participating State must certify to the FEMA Regional Administrator the State will take steps to meet the 50 percent cash contribution requirement after the third year of funding. The specific steps to be taken will be outlined in the certification which must be submitted prior to the State receiving program funds.
(ii) The Governor must certify the State's continued commitment in the second and third years of funding. The certification will describe the progress made on the steps contained in the previous year's certification and steps to be taken in the future. The certification must be submitted to the Regional Administrator before the State will receive program funds.
(iii) If a State encounters difficulties meeting the 50 percent cash contribution requirement for the target allocation following the fourth year of funding, the Regional Administrator may require the Governor to continue certifying the State is working to resolve the difficulty.
(iv) A State will not receive Federal funds if it cannot provide the required cash contribution.
(b) The value of any resources accepted as a matching share under one Federal agreement or program cannot be counted again as a contribution under another.
(c) The State seeking the match shall submit documentation sufficient for FEMA to determine that the contribution meets the following requirements. The match shall be:
(1) Necessary and reasonable for proper, cost-effective and efficient administration of the project, allocable solely thereto, and except as specifically provided herein, not be a general expense required to carry out the overall responsibilities of State and local governments;
(2) Verifiable from the recipient State's records;
(3) Not allocable to or included as a cost of any other Federally financed program in either the current or a prior period;
(4) Authorized under State law;
(5) Consistent with any limitations or exclusions set forth in these regulations, Federal laws or other governing limitations as to types of cost items;
(6) Accorded consistent treatment through application of generally accepted accounting principles appropriate to the circumstances;
(7) Provided for in the approved budget/workplan of the State; and
(8) Consistent with OMB Circular A-87, “Cost Principles for State and Local Governments,” and with 44 CFR part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
(d) A State must submit and FEMA must approve a statement of work before the State receives any grant funds. The statement of work and target allocation of funds are based on a 12-month performance period. Except under extenuating circumstances, the funds initially obligated to the State will be based on the amount of time remaining in the performance period at the time the statement of work is approved. (Approved by the Office of Management and Budget under OMB control number 3067-0170)
(e) States are expected to perform activities and therefore expend funds on a quarterly basis in accordance with the approved statement of work. At the end of the third quarter, State and FEMA regional office staff will review the State's accomplishments to date. Funds not expended in accordance with the approved statement of work by the end of the third quarter of the performance period will not be made available to the State unless the State can demonstrate, and FEMA approves, its ability to perform activities adequately resulting in the expenditure of the funds by the end of the performance period.
Title 44 published on 2013-10-01
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