[Federal Register Volume 67, Number 201 (Thursday, October 17, 2002)]
[Notices]
[Pages 64121-64124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26405]


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FEDERAL EMERGENCY MANAGEMENT AGENCY


Grants for State and Local Homeland Security Activities

AGENCY: Office of National Preparedness (ONP), Federal Emergency 
Management Agency (FEMA).

ACTION: Notice of availability of fiscal year 2002 supplemental funds 
for State and local all-hazards emergency operational planning, Citizen 
Corps activities, and development or improvement of Emergency 
Operations Centers.

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SUMMARY: FEMA gives notice of the availability of funds for fiscal year 
(FY) 2002 for State and local all-hazards emergency operations 
planning; for the development or improvement of State and local 
Emergency Operations Centers (EOCs); and for further development of 
Citizen Corps, including funds for Citizen Corps Councils and for 
Community Emergency Response Team (CERT) training. Funding of $100 
million is available for planning, $56 million for EOCs, and $25 
million for Citizen Corps.

FOR FURTHER INFORMATION CONTACT: Gil Jamieson, Federal Emergency 
Management Agency, Office of National Preparedness, 500 C Street, SW., 
Washington, DC 20472, (202) 646-4090 or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Authority and Appropriation

    The legislative authority for the program activities described in 
this notice are the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (Stafford Act), 42 U.S.C. 5121-5206;. The 2002 
Supplemental Appropriations Act For Further Recovery From and Response 
To Terrorist Attacks on the United States, P.L. 107-206.

Applicant Eligibility

    States are eligible to apply for the assistance described in this 
notice. The term ``State'' as used in this notice and consistent with 
the Stafford Act, 42 U.S.C. 5122(4), means any State of the United 
States, the District of Columbia, Puerto Rico, the Virgin Islands, 
Guam, American Samoa, and the Commonwealth of the Northern Mariana 
Islands.
    Local governments may receive assistance as subgrantees of the 
States in which they are located. The term ``Local government'' as used 
in this notice shall have the meaning set forth in the Stafford Act, 42 
U.S.C. 5122(6).

Activities To Be Funded

State and Local All Hazards Emergency Operational Planning

    The FY 2002 supplemental funding will provide comprehensive 
planning assistance to State and local governments to conduct Emergency 
Operations Plan (EOP) updating for all hazards with special emphasis on 
incidents of terrorism including use of weapons of mass destruction 
(WMD).

[[Page 64122]]

The funds for planning grants will be allocated among the States on the 
basis of population and will require no cost share. Each State grantee 
of these planning funds will be required to pass through at least 75 
percent of the amount received to local governments.
    Coordinated planning at the State and local levels is essential to 
meet urgent needs for improving the planning initiatives of State and 
local emergency management and first responder organizations to 
effectively request and use future resources and thereby build and 
enhance our Nation's capability to respond to and recover from the 
imminent threat or actual occurrence of a terrorist attack including 
use of WMD.
    States will receive supplemental 2002 funding to modify and enhance 
their EOPs, as needed, so that they address all hazards, to include 
terrorism using WMD or conventional means. Funds should also be used 
for the following emergency planning objectives:
    [sbull] Incorporate interstate and intrastate mutual aid 
agreements,
    [sbull] Facilitate communication and interoperability protocols,
    [sbull] Establish a common incident command system, * Address 
critical infrastructure protection,
    [sbull] Conduct State and local assessments to determine emergency 
management planning priorities,
    [sbull] Address State and local continuity of operations and 
continuity of government, and
    [sbull] Provide for coordination and effective use of volunteers in 
response and preparedness activities.

Citizen Corps

    Grants under the Citizen Corps initiative will be available to 
establish Citizen Corps Councils, to support the oversight and outreach 
responsibilities of the councils, and to expand CERT training. Of the 
$25 million appropriated for Citizen Corps, $4 million will be used for 
grants related to Citizen Corps Councils, $17 million will be used for 
grants related to CERT training, and $4 million will be used by FEMA 
for activities essential for developing the Citizen Corps initiative.
    Citizen Corps funds will be allocated to States using the 
percentages prescribed in Section 1014 of the USA Patriot Act, Pub. L. 
107-56. Each State will be allocated a base amount of not less than 
0.75 percent of the total amount available except that the Virgin 
Islands, Guam, American Samoa, and the Commonwealth of the Northern 
Mariana Islands each will be allocated a base amount of 0.25 percent. 
The remaining Citizen Corps grant funds will be allocated on the basis 
of population and added to the base amounts. Citizen Corps grants and 
subgrants described in this notice will carry no cost-share 
requirement.
    Grantees will be expected to develop and implement a jurisdiction-
wide strategic plan for Citizen Corps, including forming local Citizen 
Corps Councils, CERT training, public education and outreach, and 
volunteer opportunities that promote community and family safety. Local 
governments receiving grants may use the funding for Citizen Corps 
Council organizing activities; for outreach and public education 
campaigns to promote Citizen Corps and community and family safety 
measures, to include printing, marketing, advertising, and special 
events; for organizing, training, equipping, and maintaining CERTs; and 
for defraying the added expense of liability coverage for CERT 
participants.
    Each grantee of Citizen Corps funds will be required to subgrant at 
least 75 percent of those funds to local governments with no cost 
share. Grantees are expected to give priority to local governments that 
have demonstrated a commitment to community and family safety or to 
local governments that have a high-risk profile based on crime, 
disaster vulnerabilities, and public health issues. A commitment to 
community and family safety is shown by such activities as having 
established or planned a Citizen Corps Council, having programs to 
promote community and family safety, having conducted community-based 
events that promote safety, having established mutual aid agreements 
with other jurisdictions, and having demonstrated a commitment to 
citizen participation in crime prevention and disaster mitigation, 
preparedness, response, and recovery.

Emergency Operations Centers (EOCs)

    The funding for EOCs will be awarded in two phases. Each State will 
be allocated a $50,000 Phase 1 grant, which is targeted for an initial 
assessment of the hazards, vulnerabilities, and resultant risk to the 
existing EOC. If a State has already completed a vulnerability 
assessment of its existing State EOC, it may apply to use the funds to 
conduct initial assessments of local EOCs. Phase 1 EOC activity will be 
100 percent federally funded, i.e., will require no cost share.
    Phase 2 EOC grants will use the remaining funds to address the most 
immediate EOC deficiencies nationwide. The Phase 2 EOC grants will 
require a 50-percent non-Federal cost share.
    During Phase 2, we invite the States to submit grant applications 
that reflect deficiencies documented in a completed self-assessment 
that reflects statewide needs, is consistent with national priorities, 
and considers characteristics associated with a fully functioning EOC. 
EOC self-assessment criteria will be provided in the grant guidance 
package.
    Project applications will be evaluated and selections made for 
funding on the basis of the following order of national priorities:
    [sbull] Physical modifications to the EOC to support secure 
communications equipment;
    [sbull] New EOC construction where the most cost effective action 
is new construction (Cost-benefit ratio should be greater than 1);
    [sbull] Corrective construction to address deficiencies determined 
by the Risk Assessment;
    [sbull] Architectural and Engineering services for EOC projects in 
FY 2003 and out years;
    [sbull] Creation of State Alternate EOC at an existing building for 
Continuity of Operations;
    [sbull] Physical modifications to enhance security, but not the 
hiring of guards;
    [sbull] Retrofits of existing EOCs with collective protection 
systems for Chemical, Biological, Radiological, or Nuclear (CBRN) 
agents;
    [sbull] Redundant communications; and
    [sbull] Other projects to increase the survivability of existing 
State or local EOCs.
    FEMA will conduct the final environmental review and approval for 
all activities in accordance with Title 44, Code of Federal 
Regulations, Part 10 (44 CFR part 10) prior to awarding any grants. The 
approval for some activities, including the risk/vulnerability 
assessments of EOCs, is automatic through the categorical exclusion 
under the National Environmental Policy Act, per 44 CFR 10.8. However, 
some EOC projects, including physical modifications to EOCs for secure 
communications equipment, may require a more extensive environmental 
review, sometimes resulting in an environmental assessment. To expedite 
the approval process, States should consult with the FEMA Regional 
office as they develop their environmental documentation. Until FEMA 
has completed its environmental review, States may not initiate work on 
these projects.
    EOC construction projects supported by these grants are subject to 
the provisions of the Davis-Bacon Act. All laborers and mechanics 
employed by contractors or subcontractors in performance of 
construction work

[[Page 64123]]

assisted by these EOC grants must be paid wages at rates not less than 
those prevailing on similar construction in the locality as determined 
by the Secretary of Labor in accordance with Davis-Bacon and related 
Acts.

Grant Application Process

    The chief elected official of each eligible jurisdiction will 
receive a letter from FEMA describing the grant activity and requesting 
that a point of contact (POC) and alternate be appointed. Guidance and 
grant application packages will be provided to the POCs.
    A single grant application may be used to apply for the planning, 
Citizen Corps and Phase 1 EOC program elements. A separate application 
should be prepared for the Phase 2 EOC program element. The grant 
application for the planning, Citizen Corps, and Phase 1 EOC program 
elements should include:
    [sbull] Application for Federal Assistance, Standard Form 424;
    [sbull] Budget Information `` Non-Construction Program, FEMA Form 
20-20;
    [sbull] Budget Narrative;
    [sbull] Summary Sheet for Assurances and Certification, FEMA Form 
20-16;
    [sbull] Assurances `` Non-Construction Program, FEMA Form 20-16A;
    [sbull] Certification Regarding Lobbying; Debarment, Suspension and 
Other Responsibility Matters; and Drug-Free Workplace Requirements, 
FEMA Form 20-16C;
    [sbull] Disclosure of Lobbying Activities, Standard Form LLL; and,
    [sbull] Program Narrative identifying the activities for which 
funding is requested.
    The Program Narrative should include the following:
    [sbull] Description of how States will work with local governments 
including Tribal governments and communities and the process that the 
State will use to solicit, prioritize, and select subgrants;
    [sbull] Activity title and number;
    [sbull] Individual activity costs, including Federal and nonfederal 
shares;
    [sbull] Activity-specific scopes of work, including a list of 
properties, if applicable;
    [sbull] Recommendations and documentation regarding the 
environmental review required by 44 CFR 10, Environmental 
Considerations, and other applicable laws and executive orders; and
    [sbull] Certification that the State has evaluated the included 
projects and that they will be implemented in accordance with 44 CFR 
part 13, Uniform Administrative Requirements for Grants and Cooperative 
Agreements to State and Local Governments.
    The Phase 2 EOC grant application should include all of the above 
with the following construction program forms substituted for the non-
construction versions:
    [sbull] Budget Information `` Construction Programs, FEMA Form 20-
15;
    [sbull] Assurances `` Construction Programs, FEMA Form 20-16B;
    FEMA regional personnel will work directly with the States 
providing technical assistance, as required, as State and local 
governments carry out work under the grants.

Administrative Costs

    Costs to administer each of the programs will be limited to 5 
percent of the grant award. The amount that grantees and subgrantees 
choose to apply toward administrative costs will not be in addition to 
the grant and subgrant amounts. For grants with the 75-percent pass-
through requirement, administrative costs for the grantees will be 
based on the portion of the grant that the State retains (i.e., States 
may use no more than 5 percent of the 25 percent of the total grant 
award they retain for administrative costs). Administrative costs for 
each subgrantee will be limited to 5 percent of their subgrant award. 
Administrative costs may be used to support grants management 
activities such as the review and award of subgrant applications, the 
preparation of quarterly reports, and monitoring subgrants. Costs 
related to staffing to implement program activities are eligible costs 
under each of the grants and do not need to be charged to the 
administrative costs. For example, hiring a staff person to update the 
State's Emergency Operations Plan is an eligible activity under the 
Planning grant. Indirect costs should also be included in 
administrative costs and must be supported with a current Indirect Cost 
Rate approved by a Federal Cognizant Agency. In compliance with 44 CFR 
13.20, all administrative costs must be supported by source 
documentation. If the Indirect Cost Rate exceeds the 5-percent 
administrative costs allowance after all other eligible administrative 
costs have been identified and budgeted, the grantee must submit a 
request for a waiver with justification to validate the need for 
additional administrative costs.

Sensitive Information

    FEMA will make every effort as permitted by law to protect 
sensitive or confidential information submitted in the grant process. 
If FEMA receives a third-party request for an applicant's information, 
both the Freedom of Information Act and FEMA's regulations contain 
provisions that may protect sensitive or confidential information that 
is determined by FEMA to be exempt from disclosure. These 
determinations are made on a case-by-case basis. Applicants should 
advise FEMA of the sensitive or confidential nature of information at 
the time such information is submitted. To ensure proper handling in 
the mail distribution process, the sensitive or confidential 
information should be placed in an envelope plainly marked to indicate 
the nature of its contents. This envelope should be placed in a second 
envelope marked ``To be opened by addressee only'' and mailed 
``Certified Receipt Requested.''

Reporting Requirements

    The States are required to submit quarterly financial and 
performance reports 30 days after the end of each quarter, per 44 CFR 
13.40 and 41. Reporting dates are: January 30, April 30, July 30, and 
October 30. The performance reports will provide a comparison of actual 
accomplishments to the objectives approved for the period. Where the 
output of the project can be quantified, that information shall be 
provided. The States must also report the progress of each subgrantee 
award in their quarterly reports. When the Department of Health and 
Human Services (HHS) Payment Management System (SMARTLINK) is used for 
advanced or reimbursement payments, the grantee is required to submit a 
copy of Federal Cash Transaction Report (HHS/PMS 272) to FEMA when it 
is submitted to HHS. In addition, final financial and performance 
reports are required 90 days after the close of the grant, per 44 CFR 
13.50.

ADDRESSES: FEMA Regional Offices:

FEMA Region I--Serving the States of Maine, New Hampshire, Vermont, 
Rhode Island, Connecticut, and Massachusetts: 442 J.W. McCormack POCH, 
Boston, MA 02109-4595.
FEMA Region II--Serving the States of New York and New Jersey, the 
Commonwealth of Puerto Rico and the Territory of the U.S. Virgin 
Islands: 26 Federal Plaza, Rm. 1337, New York, NY 10278-0002.
FEMA Region III--Serving the District of Columbia and the States of 
Delaware, Maryland, Pennsylvania, Virginia, and West Virginia: 1 
Independence Mall, 6th Floor, 615 Chestnut Street, Philadelphia, PA 
19106-4404.
FEMA Region IV--Serving the States of Alabama, Florida, Georgia, 
Kentucky, Mississippi, North Carolina, South Carolina and Tennessee: 
3003 Chamblee Tucker Road, Atlanta, GA 30341.

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FEMA Region V--Serving the States of Illinois, Indiana, Michigan, 
Minnesota, Ohio and Wisconsin: 536 S. Clark Street, 6th Floor, Chicago, 
IL 60605.
FEMA Region VI--Serving the States of Arkansas, Louisiana, New Mexico, 
Oklahoma and Texas: FRC 800 North Loop 288, Denton, TX 76201-3698.
FEMA Region VII--Serving the States of Iowa, Kansas, Missouri, and 
Nebraska: 2323 Grand Avenue, Suite 900, Kansas City, MO 64108.
FEMA Region VIII--Serving the States of Colorado, Montana, North 
Dakota, South Dakota, Utah, and Wyoming: Denver Federal Center, 
Building 710, Box 25267, Denver, CO 80225-0267.
FEMA Region IX--Serving the States of Arizona, California, Hawaii and 
Nevada; the Territories of American Samoa and Guam, and the 
Commonwealth of the Northern Mariana Islands: 1111 Broadway, Suite 
1200, Oakland, CA 94607-4052.
FEMA Region X--Serving the States of Alaska, Idaho, Oregon and 
Washington: Federal Regional Center, 130 228th Street, SW., Bothell, WA 
98021-9709.

    Dated: October 10, 2002.
Joe M. Allbaugh,
Director.
[FR Doc. 02-26405 Filed 10-16-02; 8:45 am]
BILLING CODE 6718-04-P