Congressional Research Service Report: 'Fire Management Assistance Grants – Frequently Asked Questions'

WASHINGTON, Aug. 18 (TNSRep) -- The Congressional Research Service issued the following report (No. R43738) on Aug. 17, 2021, entitled "Fire Management Assistance Grants: Frequently Asked Questions".

The report was written by flood insurance and emergency management analyst Diane P. Horn, American national government specialist Bruce R. Lindsay and Natural Resources Policy specialist Katie Hoover.

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Summary

Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, hereinafter the Stafford Act) authorizes the President to "declare" a Fire Management Assistance Grant (FMAG). In the interest of saving time, the authority to make the declaration has been delegated to the Federal Emergency Management Agency's (FEMA's) Regional Administrators.

Once issued, the FMAG declaration authorizes various forms of federal fire suppression assistance such as the provision of equipment, personnel, and grants to state, local, and tribal governments for the control, management, and mitigation of any fire on certain public or private forest land or grassland that might become a major disaster. This federal assistance requires a cost-sharing component such that state, local, and tribal governments are responsible for 25% of the expenses.

This report answers frequently asked questions about FMAGs. This report will be updated as events warrant.

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Contents

Introduction ... 1

Declaration Process ... 1

How are FMAGs Requested? ... 1

Can a Tribal Leader Request an FMAG Declaration? ... 2

What Information Needs to Be Included in the FMAG Request? ... 2

How Is FMAG Assistance Determined? ... 2

Can Denials for FMAG Assistance Be Appealed? ... 3

Does an FMAG Exclude the Possibility of an Emergency or Major Disaster Declaration Under the Stafford Act? ... 4

Funding ... 4

How Are FMAGs Funded? ... 4

Can FMAGs Still Be Issued If the DRF Balance Is Low? ... 4

What Are the Cost-Share Requirements for FMAGs? ... 4

Does FEMA Advance Funds to States or Reimburse States for Completed Work? ... 5

FMAG Assistance ... 5

What Types of Assistance Are Provided Under an FMAG Declaration? ... 5

Is Mitigation Funding Included in an FMAG Declaration? ... 5

Interaction with Other Federal Agencies ... 6

How Are FMAGs Different from Other Types of Federal Fire Assistance? ... 6

Can FMAG Assistance Be Provided in Conjunction with Other Types of Federal Assistance, or Is It Considered a Duplication of Benefits? ... 7

Do FMAGs Assist with Fires on Federal Lands? ... 7

Tables

Table 1. Selected Examples of CY2021 Individual and Cumulative Fire Thresholds by State ... 3

Contacts

Author Information ... 8

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Introduction

Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, hereinafter the Stafford Act)/1 authorizes the President to "declare" a Fire Management Assistance Grant (FMAG). The current FMAG system was established by regulation in October of 2001./2

These grants provide federal assistance for fire suppression activities. This authority has been delegated to the Federal Emergency Management Agency's (FEMA's) Regional Administrators./3

Once issued, the FMAG declaration authorizes various forms of federal assistance such as the provision of equipment, personnel, and grants to state, local, and tribal governments for the control, management, and mitigation of any fire on certain public or private forest land or grassland that might become a major disaster./4

This federal assistance requires a cost-sharing component such that state, local, and tribal governments are responsible for 25% of the expenses.

This report discusses some frequently asked questions received by the Congressional Research Service on FMAGs. It addresses questions regarding how FMAGs are requested, how requests are evaluated using thresholds, and the types of assistance provided under an FMAG declaration.

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Wildfire Jurisdiction

The federal government has the responsibility for wildfires that begin on federal and tribal lands; states are responsible for wildfires that begin on nonfederal lands (in some areas, local government may be responsible for initial wildfire response); and some tribes are responsible for wildfires that begin on tribal lands. For co-mingled land ownership, response efforts may be managed jointly across multiple federal, state, tribal, or local agencies.

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Declaration Process

How are FMAGs Requested?

FMAGs can be requested by a state when the governor determines that a fire under state jurisdiction is burning out of control and threatens to become a major disaster. At that point, a request for assistance can be submitted to FEMA. Typically, requests are submitted to the FEMA Regional Administrator. Requests can be submitted any time--day or night--and can be submitted by telephone to expedite the process. Telephone requests must be followed by written confirmation within 14 days of the phone request./5

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1 42 U.S.C. Sec.5121 et seq. For further analysis on the Stafford Act, see CRS Report R43784, FEMA's Disaster Declaration Process: A Primer, by Bruce R. Lindsay.

2 44 C.F.R. Sec.152. Prior to that time, the program was known as the Fire Suppression Assistance Program. The program, however, was administered in a similar fashion. Then, as now, the FEMA Regional Administrators worked with the requesting state, the "Principal Advisor," as well as FEMA leadership prior to the announcement of Stafford Act assistance under Section 420.

3 44 C.F.R. Sec.204.24. There are ten FEMA regions in the United States and its territories. Each region is headed by a FEMA Regional Administrator who oversees all policy, managerial, resource, and administrative actions that affect the region. The FEMA Regional Administrator is also responsible for ensuring that policies, programs, and administrative and management guidance are implemented in a manner consistent with FEMA's overall goals.

4 P.L. 93-288, codified at 42 U.S.C. Sec.5187(a).

5 44 C.F.R. Sec.206.392. See also Federal Emergency Management Agency, Fire Management Assistance Grant Program and Policy Guide, FEMA FP-104-21-0002, June 2021, pp. 4-5, at https://www.fema.gov/sites/default/files/documents/ fema_fmagppg_063121.pdf (hereinafter FMAG PPG 2021).

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Can a Tribal Leader Request an FMAG Declaration?

Under the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2), federally recognized tribes are equivalent to states in their ability to request a major disaster declaration, an emergency declaration, or a request for an FMAG declaration./6

A tribal government may choose, however, to act as a subgrantee under an eligible state FMAG declaration./7

What Information Needs to Be Included in the FMAG Request?

The FMAG request should include cost estimates to support the request as well as information about the fire including the size of the fire(s) in acres or square miles; the name, location, and population of the community (or communities) threatened; the number of primary and secondary residences and businesses threatened; the distance of the fire to the nearest communities; the number of persons evacuated (if applicable); the current and predicted 24-hour weather conditions; and the degree to which state and local resources are committed to this fire and other fires in federal, state, and/or local jurisdictions./8

The verbal request must be followed up with a completed "Request for Fire Management Assistance Declaration" (FEMA form 078-0-1) and the "Principal Advisor's Report" (FEMA form 078-0-2)./9

How Is FMAG Assistance Determined?

The following criteria are used to evaluate wildfires and make a determination whether to issue an FMAG:

* the threat to lives and property including critical facilities, infrastructure, and watershed areas;

* the availability of state and local fire resources;

* high fire danger conditions based on nationally accepted indices such as the National Fire Danger Ratings System; and

* the potential economic impacts of the fire./10

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6 P.L. 113-2, Sec.1110(c), 42 U.S.C. Sec.5122, and 44 C.F.R. Sec.204.3, define Indian tribal government to include any Indian or Alaska Native tribes, bands, nations, pueblos, villages, or communities recognized by the Secretary of Interior under the Federally Recognized Tribe List of 1994, 25 U.S.C. Sec.479a. Section 1110 of the Sandy Recovery Improvement Act of 2013 amended Sections 401 and 501 of the Stafford Act, which contain the procedures for requesting types of disaster declarations. Previously, tribal groups were treated as local governments and thus not permitted to directly request declarations from the federal government. As with local governments, the tribes were dependent on a request being made by the governor of the state where their territory is located.

7 44 C.F.R. Sec.Sec.204.3, 204.41.

8 FMAG PPG 2021, pp. 5-6.

9 Declaration forms can be located at https://www.fema.gov/assistance/public/fire-management-assistance.

10 FMAG PPG 2021, p. 5.

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In addition, FEMA has developed fire cost thresholds that are typically updated annually. There are two types of fire cost thresholds used to help determine if a state or tribal nation is eligible for fire assistance: (1) individual thresholds for a single fire, and (2) cumulative thresholds for multiple fires. Cumulative thresholds are applied to multiple fires burning simultaneously, or the accumulation of multiple fires in a single fire season. Threshold amounts vary by state (see Table 1). The individual fire cost threshold for a state is the greater of $100,000 or five times the statewide per capita indicator,/11 multiplied by the state population./12

Taking Pennsylvania as an example, generally, a single fire would need to meet or exceed $984,434 in damages for Pennsylvania to be eligible for an FMAG declaration in CY2021.

In contrast, the formula for the cumulative fire threshold for a given state is one of two amounts--$500,000 or the amount of that state's individual fire threshold multiplied by three, whichever is greater. Returning to the Pennsylvania example, the sum of three individual fire thresholds equals $2,953,303. Since that amount is larger than $500,000, cumulative fire damages in Pennsylvania must meet or exceed $2,953,303 to be eligible for assistance. In contrast, the individual fire threshold for Alaska is $100,000, but the cumulative threshold is $500,000, not the sum of three individual fire thresholds ($300,000).

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[See link at end of text for Table 1. Selected Examples of CY2021 Individual and Cumulative Fire Thresholds by State]

Source: FEMA, "CY2021 Fire Cost Thresholds" at https://www.fema.gov/sites/default/files/documents/ fema_fmag-cy21-fire-cost-thresholds.pdf. The states were selected to illustrate how the individual and cumulative fire thresholds are calculated and applied.

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Can Denials for FMAG Assistance Be Appealed?

If FEMA denies the request for assistance, the state has one opportunity to appeal the denial. The appeal must be submitted in writing to the Regional Administrator no later than 30 days from the date of the denial letter. The appeal should contain any additional information that strengthens the original request for assistance. The Regional Administrator will review the appeal, prepare a recommendation, and forward the appeal package to the FEMA Headquarters Office. The FEMA Headquarters Office will notify the state of its determination in writing within 90 days of receipt of the appeal (or receipt of additional requested information)./13

The state may request a time extension to submit the appeal. The request for an extension must be submitted in writing to the Regional Administrator no later than 30 days from the date of the denial letter. The request for an extension must include a justification for the need for an extension. The FEMA Headquarters Office will notify the state in writing whether the extension request is granted or denied.

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11 The FY2021 per capita indicator is $1.55. FMAG PPG 2021, p. 32.

12 The fire cost thresholds for each state are adjusted annually for inflation using the Consumer Price Index for All Urban Consumers published by the U.S. Department of Labor. FMAG PPG 2021, p. 32, and U.S. Bureau of Labor Statistics, Consumer Price Index, at https://www.bls.gov/cpi/.

13 FMAG PPG 2021, p. 10.

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Does an FMAG Exclude the Possibility of an Emergency or Major Disaster Declaration Under the Stafford Act?

No, an emergency or major disaster can be declared after an FMAG declaration has been issued. However, the emergency or major disaster declaration must be initiated by a separate request for assistance by the state or tribal government. If either an emergency or major disaster declaration is approved in addition to an FMAG declaration, eligible costs should be claimed under the most appropriate designation. In the case of a major disaster declaration for a fire that received an FMAG declaration, generally eligible costs should be claimed under the major disaster declaration so the state can maximize funding under the Hazard Mitigation Grant Program (HMGP).

Funding

How Are FMAGs Funded?

FMAGs are funded through FEMA's Disaster Relief Fund (DRF), the main account FEMA uses to provide disaster assistance./14

The DRF is a no-year account--unused funds from the previous fiscal year are carried over to the next fiscal year.

Funds in the DRF fall into two categories. The first category is for disaster relief costs associated with major disasters under the Stafford Act. This category reflects the impact of the Budget Control Act (P.L. 112-25, BCA), which allows appropriations to cover the costs incurred as a result of major disasters to be paid through an "allowable adjustment" to the discretionary spending limits./15

The second category is colloquially known as "base funding." Base funding includes activities not tied to major disasters under the Stafford Act. Base funding is scored as discretionary spending that counts against the discretionary spending limits. FMAGs are funded through the DRF's base funding category.

Can FMAGs Still Be Issued If the DRF Balance Is Low?

The decision to issue a FMAG declaration is not contingent on the DRF balance. Similarly, FMAGs do not reduce the amount of funding available for major disasters. When the DRF balance was low in the past, FEMA used its "immediate needs funding" (INF) policy until supplemental appropriations were passed to replenish the DRF. Under INF, long-term projects (such as mitigation work) are put on hold and only activities deemed urgent are funded. FMAGs would most likely fall into the category of events with an "urgent" need. Under the INF policy, FEMA also delays interagency reimbursements, and recovers funds from previous years in order to stretch its available funds.

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14 For more information on the DRF, see CRS Report R45484, The Disaster Relief Fund: Overview and Issues, by William L. Painter.

15 For more information on the BCA and disaster relief, see CRS Report R42352, An Examination of Federal Disaster Relief Under the Budget Control Act, by Bruce R. Lindsay, William L. Painter, and Francis X. McCarthy.

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What Are the Cost-Share Requirements for FMAGs?

As with many other Stafford Act disaster assistance grant programs (Public Assistance, Hazard Mitigation Grant assistance, Other Needs Assistance) the cost-share for FMAGs is based on a federal share of 75% of eligible expenses. The grantee (the state) and subgrantees (local communities) assume the remaining 25% of eligible costs./16

Does FEMA Advance Funds to States or Reimburse States for Completed Work?

Under the FMAG process, FEMA reimburses grantees for eligible activities they have undertaken. The state application for specific grant funds must be submitted within 90 days after the FMAG is granted. That time frame permits the state to gather all information and supporting data on potentially eligible spending to include in their grant application package. The package must also stipulate that the fire cost threshold was met./17

Following submission of the grant application, FEMA has 45 days to approve or deny the application.

FMAG Assistance

What Types of Assistance Are Provided Under an FMAG Declaration?

FMAG assistance is similar in some basic respects to other FEMA assistance. For example, FMAGs will not replicate or displace the work of other federal agencies, nor will FEMA pay straight-time salaries for public safety forces, though it will reimburse overtime expenses for the event. Other eligible expenses can include costs for

* equipment and supplies (less insurance proceeds);

* mobilization and demobilization;

* emergency work (evacuations and sheltering, police barricading and traffic control, arson investigation);

* prepositioning federal, out-of-state, and international resources for up to 21 days when approved by the FEMA Regional Administrator;

* personal comfort and safety items for firefighter health and safety;

* field camps and meals in lieu of per diem; and/or

* the mitigation, management, and control of declared fires burning on co-mingled federal land, when such costs are not reimbursable by another federal agency.

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16 While most FEMA assistance is cost-shared on a 75/25 basis, a significant exception is the temporary housing program, which is 100% federal funding.

17 Other agreements that must be in place include an approved State Administrative Plan, a FEMA-State Agreement for the incident, and that the state has an approved State or Tribal Hazard Mitigation Plan. While these are important steps, they are also part of the ongoing, operational relationship between the state and the FEMA regional office and have likely been accomplished or can be accomplished or revised during the nine-month time frame.

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Is Mitigation Funding Included in an FMAG Declaration?

Until 2018, only major disaster declarations made statewide hazard mitigation grants available. Division D of P.L. 115-254 (Disaster Recovery Reform Act, hereinafter DRRA) amended the Stafford Act to make hazard mitigation available after FMAG declarations as well. Under Section 404 of the Stafford Act as amended by DRRA, mitigation grants from the Hazard Mitigation Grant Program (HMGP)/18 are provided to states and tribes on a sliding scale based on the percentage of funds spent for FMAG assistance. For states and federally recognized tribes with a FEMA-approved Standard State or Tribal Hazard Mitigation Plan, the formula provides for up to 15% of the first $2 billion of estimated aggregate amounts of disaster assistance, up to 10% for amounts between $2 billion and $10 billion, and 7.5% for amounts between $10 billion and $35.333 billion./19

Interaction with Other Federal Agencies

How Are FMAGs Different from Other Types of Federal Fire Assistance?

FEMA assistance through FMAGs is a direct relationship with the states to assist the state in wildfire response activities for fires which begin on lands under the state's jurisdiction. FMAGs are employed so a disaster declaration may not be necessary. The federal government does provide other types of assistance related to wildfire management generally, such as postfire recovery assistance or assistance planning and mitigating the potential risk from future wildfires./20

States and other entities may also enter into various cooperative agreements (e.g., mutual aid agreements, cooperative fire protection agreements, fire compacts) with the federal governmental agencies that have a fire protection responsibility./21

The federal agencies most commonly include the U.S. Forest Service, within the Department of Agriculture, and the Bureau of Indian Affairs, Bureau of Land Management, U.S. Fish and Wildlife Service, and National Park Service, within the Department of the Interior (DOI)./22

Each specific agreement outlines the terms and conditions for sharing resources during fire incidents and establishes cost reimbursement procedures, if necessary. Under some mutual aid agreements, for example, cost reimbursement may not be required for some emergency suppression services. Under cooperative fire protection agreements, the federal government (e.g., Forest Service) may provide wildfire prevention, detection, and suppression services on a cost-reimbursement basis. The various types of cooperative agreements allow for a coordinated interagency response that deploys and mobilizes resources to areas of greatest need. Response activities are coordinated regionally through 10 Geographic Area Coordination Centers (GACCs) and nationally through the National Interagency Coordination Center (NICC)./23

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18 For more information, see CRS Insight IN11187, Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance, by Diane P. Horn.

19 42 U.S.C. Sec.5170c(a).

20 For more information, see CRS In Focus IF10732, Federal Assistance for Wildfire Response and Recovery, by Katie Hoover; CRS Report RS21212, Agricultural Disaster Assistance, by Megan Stubbs; and CRS Report R45219, Forest Service Assistance Programs, by Anne A. Riddle and Katie Hoover.

21 42 U.S.C. Sec.1856.

22 The Secretary of Energy, Secretary of the Army, and Secretary of the Smithsonian Institution are also authorized to enter into fire protection agreements with other governmental entities (42 U.S.C. Sec.1856a-1).

23 For more information, see https://www.nifc.gov/nicc/index.htm.

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Can FMAG Assistance Be Provided in Conjunction with Other Types of Federal Assistance, or Is It Considered a Duplication of Benefits?

This depends on the type of assistance being provided by the federal government. FMAG assistance is not generally available in conjunction with emergency suppression assistance from the federal government. FMAGs provide assistance for suppression operations on nonfederal lands, whereas suppression operations on federal lands are the responsibility of the federal agency with jurisdiction. Limited exceptions may occur for declared fires on lands in which the ownership is co-mingled federal and nonfederal, and the costs incurred by the eligible entity are not entitled to any other type of federal reimbursement./24

However, FMAGs may be provided in conjunction with other federal assistance programs, such as any technical and financial assistance provided through the Forest Service's state and volunteer fire assistance programs./25

FMAG and other federal assistance may potentially occur in conjunction when there is a cooperative agreement between federal, state, and other governmental or tribal partners to coordinate emergency wildfire protection and response activities./26

The cooperative agreement often delineates different geographic areas where the state government is responsible for initial suppression operations, regardless of land ownership, and vice versa, where the federal government may be responsible for providing suppression operations in lands under nonfederal ownership. The cooperative agreements specify how costs are to be apportioned among the partners, including provisions allowing for reimbursement, in accordance with applicable federal and state statutes. In the circumstance where a state (or other eligible entity) conducted suppression operations on federal land and the costs were not reimbursable, an FMAG may potentially be applied for and used to cover eligible costs.

Do FMAGs Assist with Fires on Federal Lands?

No, most fires that begin on federal land are the responsibility of the federal agency that owns or manages the land, and are not eligible to receive FMAG assistance./27

There are some exceptions, however. For example, FMAGs may be available to assist with declared fires that occur in areas with a mix of federal and nonfederal land, if the state has a responsibility for suppression activities under a cooperative agreement with the applicable federal agency, and those costs are not reimbursable under another federal statute./28

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24 44 C.F.R. Sec.204.42(i).

25 For more information, see CRS Report R45219, Forest Service Assistance Programs, by Anne A. Riddle and Katie Hoover.

26 For an example of a federal-state fire compact, see the California Master Cooperative Wildland Fire Management and Stafford Act Response Agreement, available at https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/ fseprd576218.pdf. For an example of a federal, state, and international fire compact, see the Northeast Forest Fire Protection Compact, available at http://www.nffpc.org.

27 44 C.F.R. Sec.204.43(e). For more information, see CRS Report R44966, Wildfire Suppression Spending: Background, Issues, and Legislation in the 115th Congress, by Katie Hoover and Bruce R. Lindsay.

28 44 C.F.R. Sec.204.42(i).

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View table and report at https://crsreports.congress.gov/product/pdf/R/R43738