44 CFR 204.3 - Definitions used throughout this part.

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§ 204.3 Definitions used throughout this part.

Applicant. A State or Indian tribal government submitting an application to FEMA for a fire management assistance grant, or a State, local, or Indian tribal government submitting an application to the recipient for a subgrant under an approved fire management assistance grant.

Application for Federal Assistance. The form the State submits to apply for a grant under a fire management assistance declaration.

Declared fire. An uncontrolled fire or fire complex, threatening such destruction as would constitute a major disaster, which the Administrator has approved in response to a State's request for a fire management assistance declaration and in accordance with the criteria listed in § 204.21.

Demobilization. The process and procedures for deactivating, disassembling, and transporting back to their point of origin all resources that had been provided to respond to and support a declared fire.

Fire complex. Two or more individual fires located in the same general area, which are assigned to a single Incident Commander.

Governor's Authorized Representative (GAR). The person empowered by the Governor to execute, on behalf of the State, all necessary documents for fire management assistance, including the request for a fire management assistance declaration.

Grant. An award of financial assistance, including cooperative agreements, by FEMA to an eligible recipient. The grant award will be based on the projected amount of total eligible costs for which a State submits an application and that FEMA approves related to a declared fire.

Hazard mitigation plan. A plan to develop actions the State, local, or tribal government will take to reduce the risk to people and property from all hazards. The intent of hazard mitigation planning under the Fire Management Assistance Grant Program is to identify wildfire hazards and cost-effective mitigation alternatives that produce long-term benefits. FEMA addresses mitigation of fire hazards as part of the State's comprehensive Mitigation Plan, described in 44 CFR part 201.

Incident commander. The ranking official responsible for overseeing the management of fire operations, planning, logistics, and finances of the field response.

Incident period. The time interval during which the declared fire occurs. The Regional Administrator , in consultation with the Governor's Authorized Representative and the Principal Advisor, will establish the incident period. Generally, costs must be incurred during the incident period to be considered eligible.

Indian tribal government. An Indian tribal government is any Federally recognized governing body of an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of Interior acknowledges to exist as an Indian tribe under the Federally Recognized Tribe List Act of 1994, 25 U.S.C. 479a. This does not include Alaska Native corporations, the ownership of which is vested in private individuals.

Individual assistance. Supplementary Federal assistance provided under the Stafford Act to individuals and families adversely affected by a major disaster or an emergency. Such assistance may be provided directly by the Federal Government or through State or local governments or disaster relief organizations. For further information, see subparts D, E, and F of part 206.

Local government. A local government is any county, municipality, city, town, township, public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; any Indian tribal government or authorized tribal organization, or Alaska Native village or organization; and any rural community, unincorporated town or village, or other public entity, for which an application for assistance is made by a State or political subdivision of a State.

Mitigation, management, and control. Those activities undertaken, generally during the incident period of a declared fire, to minimize immediate adverse effects and to manage and control the fire. Eligible activities may include associated emergency work and pre-positioning directly related to the declared fire.

Mobilization. The process and procedures used for activating, assembling, and transporting all resources that the recipient requested to respond to support a declared fire.

Performance period. The time interval designated on the Application for Federal Assistance for the recipient and all subrecipients to submit eligible costs and have those costs processed, obligated, and closed out by FEMA.

Pre-positioning. Moving existing fire prevention or suppression resources from an area of lower fire danger to one of higher fire danger in anticipation of an increase in fire activity likely to constitute the threat of a major disaster.

Principal advisor. An individual appointed by the Forest Service, United States Department of Agriculture, or Bureau of Land Management, Department of the Interior, who is responsible for providing FEMA with a technical assessment of the fire or fire complex for which a State is requesting a fire management assistance declaration. The Principal Advisor also frequently participates with FEMA on other wildland fire initiatives.

Project worksheet. The form which identifies actual costs incurred by eligible applicants as a result of the eligible firefighting activities.

Public assistance. Supplementary Federal assistance provided under the Stafford Act to State and local governments or certain private, nonprofit organizations for eligible emergency measures and repair, restoration, and replacement of damaged facilities. For further information, see Subparts G and H of Part 206.

Recipient. The recipient is the government to which a grant is awarded which is accountable for the use of the funds provided. The recipient is the entire legal entity even if only a particular component of the entity is designated in the grant award document. Generally, the State, as designated in the FEMA-State Agreement for the Fire Management Assistance Grant Program, is the recipient. However, after a declaration, an Indian tribal government may choose to be a recipient, or it may act as a subgrantee under the State. An Indian tribal government acting as recipient will assume the responsibilities of a “state”, as described in this Part, for the purpose of administering the grant.

Regional Administrator. The administrator of a regional office of FEMA, or his/her designated representative.

Subgrant. An award of financial assistance under a grant by a recipient to an eligible subrecipient.

Subrecipient. An applicant that is awarded a subgrant and is accountable to the recipient for the use of grant funding provided.

Threat of a major disaster. The potential impact of the fire or fire complex is of a severity and magnitude that would result in a presidential major disaster declaration for the Public Assistance Program, the Individual Assistance Program, or both.

Uncontrolled fire. Any fire not safely confined to predetermined control lines as established by firefighting resources.

[ 66 FR 57347, Nov. 14, 2001, as amended at 68 FR 61370, Oct. 28, 2003; 74 FR 15345, Apr. 3, 2009; 75 FR 50715, Aug. 17, 2010; 79 FR 63545, Oct. 24, 2014; 82 FR 42, Jan. 3, 2017]

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

§ 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. Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691

§ 5143 - Coordinating officers

§ 5144 - Emergency support and response teams

§ 5145, 5146 - Repealed. Pub. L. 100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691

§ 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. Pub. L. 100–707, title I, § 105(m)(2), Nov. 23, 1988, 102 Stat. 4696

§ 5176 - Repealed. Pub. L. 106–390, title I, § 104(c)(2), Oct. 30, 2000, 114 Stat. 1559

§ 5177 - Unemployment assistance

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

§ 5178 - Repealed. Pub. L. 106–390, title II, § 206(c), Oct. 30, 2000, 114 Stat. 1571

§ 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. Pub. L. 100–707, title I, § 108(c), Nov. 23, 1988, 102 Stat. 4708

§ 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

Presidential Documents

Executive Order ... 12127

Executive Order ... 12148

Executive Order ... 12673

Reorganization ... 1978 Plan No. 3

Title 44 published on 2015-11-10

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 44 CFR Part 204 after this date.

  • 2017-01-03; vol. 82 # 1 - Tuesday, January 3, 2017
    1. 82 FR 40 - Update of FEMA's Public Assistance and Fire Management Assistance Grant Regulations To Reflect the Terminology of Uniform Administrative Requirements, Cost Principles, and Audit Requirements
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency
      Final rule.
      Effective January 3, 2017.
      44 CFR Parts 204, 206, and 207