44 CFR 204.42 - Eligible costs.

§ 204.42 Eligible costs.


(1) All eligible work and related costs must be associated with the incident period of a declared fire.

(2) Before obligating Federal funds the Regional Administrator must review and approve the initial grant application, along with Project Worksheets submitted with the application and any subsequent amendments to the application.

(3) Recipients will award Federal funds to sub recipients under State law and procedure and complying with 2 CFR parts 200 and 3002..

(b)Equipment and supplies. Eligible costs include:

(1) Personal comfort and safety items normally provided by the State under field conditions for firefighter health and safety.

(2) Firefighting supplies, tools, materials, expended or lost, to the extent not covered by reasonable insurance, will be replaced with comparable items.

(3) Operation and maintenance costs of publicly owned, contracted, rented, or volunteer firefighting department equipment used in eligible firefighting activities to the extent any of these costs are not included in applicable equipment rates.

(4) Use of U.S. Government-owned equipment based on reasonable costs as billed by the Federal agency and paid by the State. (Only direct costs for use of Federal Excess Personal Property (FEPP) vehicles and equipment on loan to State Forestry and local cooperators may be eligible.)

(5) Repair of equipment damaged in firefighting activities to the extent not covered by reasonable insurance. FEMA will use the lowest applicable equipment rates, or other rates that FEMA determines, to calculate the eligible cost of repairs.

(6) Replacement of equipment lost or destroyed in firefighting activities, to the extent not covered by reasonable insurance, will be replaced with comparable equipment.

(c)Labor costs. Eligible costs include:

(1) Overtime for permanent or reassigned State and local employees.

(2) Regular time and overtime for temporary and contract employees hired to perform fire-related activities.

(d)Travel and per diem costs. Eligible costs include:

(1) Travel and per diem of employees who are providing services directly associated with eligible fire-related activities may be eligible.

(2) Provision of field camps and meals when made available in place of per diem;

(e)Pre-positioning costs.

(1) The actual costs of pre-positioning Federal, out-of-State (including compact), and international resources for a limited period may be eligible when those resources are used in response to a declared fire.

(2) The Regional Administrator must approve all pre-positioning costs.

(i) Upon approval of a State's request for a fire management assistance declaration by the Assistant Administrator for the Disaster Assistance Directorate , the State should immediately notify the Regional Administrator of its intention to seek funding for pre-positioning resources.

(ii) The State must document the number of pre-positioned resources to be funded and their respective locations throughout the State, estimate the cost of the pre-positioned resources that were used on the declared fire and the amount of time the resources were pre-positioned, and provide a detailed explanation of the need to fund the pre-positioned resources.

(iii) The State will base the detailed explanation on recognized scientific indicators, that include, but are not limited to, drought indices, short-term weather forecasts, the current number of fires burning in the State, and the availability of in-State firefighting resources. The State may also include other quantitative indicators with which to measure the increased risk of the threat of a major disaster.

(iv) Based on the information contained in the State's notification, the Regional Administrator will determine the number of days of pre-positioning to be approved for Federal funding, up to a maximum of 21 days before the fire declaration.

(3) Upon rendering his/her determination on pre-positioning costs, the Regional Administrator will notify the Assistant Administrator for the Disaster Assistance Directorate of his/her determination.

(f)Emergency work. FEMA may authorize the use of section 403 of the Stafford Act, Essential Assistance, under an approved fire management assistance grant when directly related to the mitigation, management, and control of the declared fire. Essential assistance activities that may be eligible include, but are not limited to, police barricading and traffic control, extraordinary emergency operations center expenses, evacuations and sheltering, search and rescue, arson investigation teams, public information, and the limited removal of trees that pose a threat to the general public.

(g)Temporary repair of damage caused by firefighting activities. Temporary repair of damage caused by eligible firefighting activities listed in this subpart involves short-term actions to repair damage directly caused by the firefighting effort or activities. This includes minimal repairs to bulldozer lines, camps, and staging areas to address safety concerns; as well as minimal repairs to facilities damaged by the firefighting activities such as fences, buildings, bridges, roads, etc. All temporary repair work must be completed within thirty days of the close of the incident period for the declared fire.

(h)Mobilization and demobilization. Costs for mobilization to, and demobilization from, a declared fire may be eligible for reimbursement. Demobilization may be claimed at a delayed date if deployment involved one or more declared fires. If resources are being used on more than one declared fire, mobilization and demobilization costs must be claimed against the first declared fire.

(i)Fires on co-mingled Federal/State lands. Reasonable costs for the mitigation, management, and control of a declared fire burning on co-mingled Federal and State land may be eligible in cases where the State has a responsibility for suppression activities under an agreement to perform such action on a non-reimbursable basis. (This provision is an exception to normal FEMA policy under the Stafford Act and is intended to accommodate only those rare instances that involve State firefighting on a Stafford Act section 420 fire incident involving co-mingled Federal/State and privately-owned forest or grassland.)

[ 66 FR 57347, Nov. 14, 2001, as amended at 79 FR 63546, Oct. 24, 2014; 79 FR 76085, Dec. 19, 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
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