[Federal Register Volume 62, Number 226 (Monday, November 24, 1997)]
[Proposed Rules]
[Pages 62542-62543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30809]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 206
RIN 3067-AC68
Disaster Assistance; Fire Suppression Assistance
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Proposed rule.
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SUMMARY: This proposed rule would simplify the fire eligibility process
from three thresholds to one threshold and would change the Federal
cost share to 75 percent for fire suppression assistance.
DATES: We invite comments on this proposed rule and will accept
comments until January 23, 1998.
ADDRESSES: Send written comments to the Rules Docket Clerk, Office of
the General Counsel, Federal Emergency Management Agency, 500 C Street
SW., Washington, DC 20472, (facsimile) 202-646-4536.
FOR FURTHER INFORMATION CONTACT: Curtis Carleton, Chief, Community
Services Branch, Federal Emergency Management Agency, 500 C Street SW.,
room 713, Washington, DC 20472, 202-646-4535.
SUPPLEMENTARY INFORMATION: As defined in section 420 of the Stafford
Act, FEMA may provide Federal assistance to any State for fire
suppression on publicly or privately owned forest or grassland if the
Governor determines that the fire suppression assistance is warranted.
Currently, fire suppression assistance is (1) based on a three-tiered
funding system and (2) funded with the cost share for at least 70
percent of eligible costs in excess of the floor cost. This amendment
is intended (1) to eliminate the three-tiered funding system and (2) to
adjust the minimum Federal cost share for eligible costs to not less
than 75 percent.
In 1970, the cost share structure was established with the
assistance of the United States Department of Agriculture (Forest
Service) and the United States Department of Interior. The structure
was created before the existence of a cost share structure for any
other Federal disaster assistance program. As with other disaster
assistance programs, it attempted to ensure that Federal assistance
supplemented State and local governmental resources and complemented
other Federal and State fire programs.
Federal assistance under the current fire suppression grant is
based on a three-tiered threshold system, as follows:
Three Tiered FEMA Reimbursement Approach
(1) State pays 100 percent of costs until single declared fire cost
equals floor cost, and then FEMA pays 70 percent of costs in excess of
floor cost for that fire and all subsequent, declared fires.
(2) If State's expenses for all fires, declared or not, exceed
average State fiscal year costs, FEMA pays 70 percent of all costs for
declared fires (no deduction for floor cost).
(3) If State's expenses for all fires, declared or not, exceed
twice the average fiscal year costs, FEMA pays 100 percent of all costs
for declared fires.
This proposed rule would simplify the three-tiered process,
replacing it
[[Page 62543]]
with a single threshold process. The single threshold will allow
Federal funding to be available when the cost of a single declared
event exceeds the State's annual floor cost; the State costs greater
than the floor cost will be available for funding at not less than 75
percent. Any federal fire declarations for the remainder of that
calendar year will receive funding at not less than 75 percent of the
costs.
This amendment would not change any provisions (e.g., eligibility,
application, administrative planning, payment of claims, or appeals) in
the Stafford Act nor in the fire suppression assistance regulations at
44 CFR part 206, subpart L.
National Environmental Policy Act
This rule is categorically excluded from the requirements of 44 CFR
Part 10, Environmental Consideration. No environmental impact
assessment has been prepared.
Regulatory Flexibility Act
This rule is not a major rule under Executive Order 12291, Federal
Regulation, February 17, 1981. No regulatory impact analysis has been
prepared.
Paperwork Reduction Act
This rule does not involve any collection of information for the
purposes of the Paperwork Reduction Act.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism, dated October 26, 1987.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778.
List of Subjects in 44 CFR Part 206
Disaster assistance.
Accordingly, 44 CFR Part 206 is proposed to be amended as follows:
PART 206--[AMENDED]
1. The authority citation for part 206 is revised to read as
follows:
Authority: The Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 et seq.; Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR
19367, 3 CFR, 1979 Comp., p.376; E.O. 12148, 44 FR 43239, 3 CFR,
1979 Comp., p. 412; and E.O. 12673, 54 FR 12571, 3 CFR, 1989 Comp.,
p. 214.
2. Part 206, Subpart L, Fire Suppression Assistance, is proposed to
be amended by adding Sec. 206.396 to read as follows:
Sec. 206.396 Federal grant assistance.
(a) General. This section describes the extent of Federal funding
available under the State fire suppression grants as well as
limitations and special procedures applicable to each.
(b) Limitations of Federal expenditures. Federal funding will be
available when the annual floor cost is surpassed during a single
federal declared event. The amount of expense greater than the floor
cost will be cost shared as stated in the FEMA-State Agreement. Any
Federal declared event for the remainder of that calendar year will be
eligible for funding. The floor cost will be established at the
beginning of each calendar year in joint consultation between the State
and the United States Department of Agriculture (Forest Service).
(c) Cost sharing. All fire suppression costs approved under the
State's grant will be subject to the cost sharing provisions
established in the FEMA-State Agreement. FEMA will contribute not less
than 75 percent of the costs approved for funding under the Fire
Suppression Grant Program for disasters declared on or after [insert
effective date of final rule]. FEMA will contribute at least 70 percent
of the costs for funding for disasters declared before [insert
effective date of final rule].
Dated: November 18, 1997.
James L. Witt,
Director.
[FR Doc. 97-30809 Filed 11-21-97; 8:45 am]
BILLING CODE 6718-02-P
