44 CFR 206.34 - Request for utilization of Department of Defense (DOD) resources.
(a)General. During the immediate aftermath of an incident which may ultimately qualify for a Presidential declaration of a major disaster or emergency, when threats to life and property are present which cannot be effectively dealt with by the State or local governments, the Assistant Administrator for the Disaster Assistance Directorate may direct DOD to utilize DOD personnel and equipment for removal of debris and wreckage and temporary restoration of essential public facilities and services.
(b)Request process. The Governor of a State, or the Acting Governor in his/her absence, may request such DOD assistance. The Governor should submit the request to the Assistant Administrator for the Disaster Assistance Directorate through the appropriate Regional Administrator to ensure prompt acknowledgment and processing. The request must be submitted within 48 hours of the occurrence of the incident. Requests made after that time may still be considered if information is submitted indicating why the request for assistance could not be made during the initial 48 hours. The request shall include:
(1) Information describing the types and amount of DOD emergency assistance being requested;
(2) Confirmation that the Governor has taken appropriate action under State law and directed the execution of the State emergency plan;
(3) A finding that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and affected local governments and that Federal assistance is necessary for the preservation of life and property;
(4) A certification by the Governor that the State and local government will reimburse FEMA for the non-Federal share of the cost of such work; and
(5) An agreement:
(i) To provide all lands, easements and rights-of-way necessary to accomplish the approved work without cost to the United States;
(ii) To hold and save the United States free from damages due to the requested work, and to indemnify the Federal government against any claims arising from such work; and
(iii) To assist DOD in all support and local jurisdictional matters.
(c)Processing the request. Upon receipt of the request, the Regional Administrator shall gather adequate information to support a recommendation and forward it to the Assistant Administrator for the Disaster Assistance Directorate. If the Assistant Administrator for the Disaster Assistance Directorate determines that such work is essential to save lives and protect property, he/she will issue a mission assignment to DOD authorizing direct Federal assistance to the extent deemed appropriate.
(d)Implementation of assistance. The performance of emergency work may not exceed a period of 10 days from the date of the mission assignment.
(e)Limits. Generally, no work shall be approved under this section which falls within the statutory authority of DOD or another Federal agency. However, where there are significant unmet needs of sufficient severity and magnitude, not addressed by other assistance, which could appropriately be addressed under this section of the Stafford Act, the involvement of other Federal agencies would not preclude the authorization of DOD assistance by the Assistant Administrator for the Disaster Assistance Directorate.
(f)Federal share. The Federal share of assistance under this section shall be not less than 75 percent of the cost of eligible work.
(g)Project management. DOD shall ensure that the work is completed in accordance with the approved scope of work, costs, and time limitations in the mission assignment. DOD shall also keep the Regional Administrator and the State advised of work progress and other project developments. It is the responsibility of DOD to ensure compliance with applicable Federal, State and local legal requirements. A final report will be submitted to the Regional Administrator upon termination of all direct Federal assistance work. Final reports shall be signed by a representative of DOD and the State. Once the final eligible cost is determined, DOD will request reimbursement from FEMA and FEMA will submit a bill to the State for the non-Federal share of the mission assignment.
(h)Reimbursement of DOD. Reimbursement will be made in accordance with § 206.8 of these regulations.
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 206 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-00467 RIN 1660-AA84 Docket No. ID FEMA-2016-0003 DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency Supplemental advance notice of proposed rulemaking. Comments must be submitted by April 12, 2017. 44 CFR Part 206 The Federal Emergency Management Agency (FEMA) is considering implementing a Public Assistance deductible that would condition States' receipt of FEMA reimbursement for the repair and replacement of public infrastructure damaged by a disaster event. The primary intent of the deductible concept is to incentivize greater State resilience to future disasters, thereby reducing future disaster costs nationally. On January 20, 2016, FEMA (the Agency) published an Advance Notice of Proposed Rulemaking (ANPRM) seeking comment on a Public Assistance deductible concept. The ANPRM provided a general description of the concept that many commenters found insufficient to provide meaningful comment. In an effort to offer the public a more detailed deductible concept upon which to provide additional feedback, the Agency is issuing a supplemental ANPRM (SANPRM) that presents a conceptual deductible program, including a methodology for calculating deductible amounts based on a combination of each State's fiscal capacity and disaster risk, a proposed credit structure to reward States for undertaking resilience-building activities, and a description of how FEMA could consider implementing the program. At this stage of the rulemaking process, the deductible remains only something that FEMA is considering. The policy conceived of in this document is not a proposal. In this document, FEMA is providing what is merely a description of a direction FEMA could take in future rulemaking in an effort to solicit further feedback from the public. After considering the comments it receives, or as a result of other factors, FEMA may expand on or redevelop this concept.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-31380 RIN 1660-AA89 Docket No. ID: FEMA-2016-0034 DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency Final rule. Effective January 3, 2017. 44 CFR Parts 204, 206, and 207 The Federal Emergency Management Agency (FEMA) is amending its Public Assistance and Fire Management Assistance Grant regulations to update the terms it uses to describe grantees and subgrantees, to reflect the terminology used in the Office of Management and Budget (OMB) Uniform Guidance on Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-19536 RIN 1660-AA87 Docket No. ID FEMA-2016-0018 DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency Final rule. This final rule is effective August 22, 2016. 44 CFR Parts 10, 60, 78, 79, 80, 206, and 209 The Federal Emergency Management Agency (FEMA), a component of the Department of Homeland Security (DHS), is removing its environmental considerations regulations and replacing the regulations with a new Directive and Instruction on environmental planning and historical preservation requirements. DHS instituted procedures for environmental considerations that apply Department-wide (including FEMA) in a new Directive and Instruction. FEMA is issuing supplemental procedures to the new DHS Directive and Instruction; a Notice of Availability for these supplemental procedures appears in the Notice section of today's edition of the Federal Register .
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-00997 RIN 1660-AA84 Docket No. ID FEMA-2016-0003 DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency Advance notice of proposed rulemaking. Comments must be received by March 21, 2016. 44 CFR Part 206 The Federal Emergency Management Agency (FEMA) is considering the establishment of a disaster deductible, requiring a predetermined level of financial or other commitment from a Recipient (Grantee), generally the State, Tribal, or Territorial government, before FEMA will provide assistance under the Public Assistance Program when authorized by a Presidential major disaster declaration. FEMA believes the deductible model would incentivize Recipients to make meaningful improvements in disaster planning, fiscal capacity for disaster response and recovery, and risk mitigation, while contributing to more effective stewardship of taxpayer dollars. For example, Recipients could potentially receive credit toward their deductible requirement through proactive pre-event actions such as adopting enhanced building codes, establishing and maintaining a disaster relief fund or self-insurance plan, or adoption of other measures that reduce the Recipient's risk from disaster events. The deductible model would increase stakeholder investment and participation in disaster recovery and building for future risk, thereby strengthening our nation's resilience to disaster events and reducing the cost of disasters long term. FEMA seeks comment on all aspects of the deductible concept.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-28570 RIN 1660-AA83 Docket No. ID FEMA-2014-0005 DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency Notice of proposed rulemaking. Comments must be received on or before January 11, 2016. 44 CFR Part 206 FEMA proposes to revise its regulations to comply with Section 1109 of the Sandy Recovery Improvement Act of 2013 which requires FEMA, in cooperation with State, local, and Tribal emergency management agencies, to review, update, and revise through rulemaking the Individual Assistance factors FEMA uses to measure the severity, magnitude, and impact of a disaster.