[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]
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