Lesson 2 Overview and Objectives

This lesson provides an overview of the Fire Management Assistance Grant Program declaration request process.

Upon completion of this lesson, the participants will be able to:

  • Describe the Fire Management Assistance Grant Program declaration process
  • Identify the roles and responsibilities in submitting, processing, and approving a fire declaration request
Determining the Need for a Fire Management Assistance Declaration

When an uncontrolled fire or fire complex on non-Federal public or private forest or grassland is such a threat that, in the opinion of the on-scene commanders or other government officials, the fire threatens such destruction as would constitute a major disaster, the State or Territory’s governor may request assistance from FEMA as prescribed in the Fire Management Assistance Grant Program.

To evaluate a fire's threat of destruction, the Governor should answer the following questions when requesting a declaration:

  • Is there an imminent threat to lives and improved property, including threats to critical facilities/infrastructure, and critical watershed areas?
  • What is the availability of State and local firefighting resources?
  • Are there high fire danger conditions, as indicated by nationally accepted indices such as the National Fire Danger Ratings System?
  • What is the potential major economic impact?
The Florida Bugaboo Fire rages out of control in a forest.
Overview: Fire Management Assistance Declaration Process
To acquire a Fire Management Assistance Declaration, a State or Territory must follow a defined process for requesting a declaration and post-declaration actions, which includes:
  • Pre-incident actions
    • Submission of FEMA-State/Tribal/Territorial Agreement
    • Submission of a State Administration Plan
  • Pre-declaration actions
    • The incident
    • State or Territory request for declaration
    • FEMA review of the request
    • Regional Administrator evaluation and determination of the request
    • Determination of qualifying fires in a fire complex
    • FEMA communication of the determination
  • Post-declaration activities
    • Submission of Attachment C amendment to the FEMA-State/Tribal/Territorial Agreement
    • Modification of a request to add counties
    • Determination of the incident period
Pre-Incident Actions

For Applicants impacted by a wildfire to be considered for Fire Management Assistance grant funding, the Recipient should provide FEMA with the following documents prior to an incident:

  • FEMA-State/Tribal/Territorial Agreement
  • Submission of a State Administration Plan
FEMA-State/Tribal/Territorial Agreement

The FEMA-State/Tribal/Territorial Agreement for the Fire Management Assistance Grant Program is a legally binding document, that outlines the terms and conditions under which grant funding is provided for Fire Management Assistance Declarations, and details applicable laws and regulations governing the program.

The State, Tribe, or Territory should submit the FEMA-State/Tribal/Territorial Agreement prior to a wildfire occurring.

  • The FEMA-State/Tribal/Territorial Agreement is in effect for one calendar year and should be signed each January prior to the start of fire season

If a State, Tribe, or Territory does not have a signed agreement prior to submitting a declaration request, the entity should sign the agreement immediately after FEMA has approved the declaration request.

  • Grant funding will not be obligated until the Governor or Governor’s Authorized Representative signs the FEMA-State/Tribal/Territorial Agreement
  • If the Recipient fails to sign the agreement, they jeopardize Applicants' grant funding
The Governor of Alabama signs the FEMA-State/Tribal/Territorial Agreement with three others in a government office.
FEMA-State/Tribal/Territorial Agreement: Content (1 of 2)

The Agreement consists of 10 articles and three attachments.  A FEMA-State Agreement template is available from the FEMA HQ Declarations Unit. The ten articles and three Attachments are listed below:
Articles

I. Purpose and Background

II. General Provisions

  • Grant Award Package
  • FEMA Responsibilities
  • State Responsibilities• 
  • Certification and Waivers
  • Federal Assistance
  • Controlling Authorities

III. Funding

  • Payment Process
  • Availability of Funding

IV. Reporting

  • Federal Financing and Performance Reports
  • Project Closeout
  • Enforcement
  • Records Retention

V. Recovery of Funds

  • In General
  • Duplication of Benefits
  • Cooperation
  • State Responsibilities
  • Statute of Limitations
  • Refunds, Rebates, and Credits

VI. Performance Periods

VII. Remedies for Non-Compliance

VIII. Attachments

IX. Amendments

X. Signatures and Effective Date

  • Counterpart Signatures
  • Effective Date
FEMA-State/Tribal/Territorial Agreement: Content (2 of 2)

Attachments

  • Attachment A – State Certification Officers
    • Attachment A designates the Governor’s Authorized Representative and Alternate Governor’s Authorized Representative empowered by the Governor to execute all necessary documents for Fire Management Assistance Grant Program, including the declaration request and application for a Fire Management Assistance Grant
    • Note: In cases where a FEMA-Tribal Agreement has been signed by the Chief Executive of the tribal government, the State Certification Officers listed in Attachment A of the agreement designates and empowers a Tribal representative and Alternate representative to execute the application for a Fire Management Assistance Grant. Until Attachment A has been completed, only the Chief Executive of the Tribal government has the authority to submit the application for a Fire Management Assistance Grant
  • Attachment B - Certification for Contracts, Grants, Loans, and Cooperative Agreements
    • This attachment certifies that no Federal appropriated funds are used to influence or attempt to influence officers or employees of an agency, member of Congress, an officer of employee of Congress in connection with the awarding of a Federal grant or loan, cooperative agreement, or an extension continuation, renewal, amendment or modification of these
    • This certification is required by the regulations implementing the “New Restrictions on Lobbying”, 44 CFR part 18
  • Attachment C - Declaration Amendments
    • After a State’s declaration request has been approved, the Governor or Governor’s Authorized Representative should immediately sign the Amendment of the FEMA-State Agreement for Fire  Management Assistance Grant Program
    • The Amendment must be signed by the State (or Tribal Government when appropriate) and FEMA for each declared fire that occurs within the calendar year
Pre-Declaration Actions

Once a wildfire threatens to become a major disaster, the State or Territory can begin the process to request a Fire Management Assistance Declaration. The pre-declaration events and actions include:

  • The incident
  • State or Territory request for declaration
  • Regional Administrator evaluation and determination of the request
  • FEMA Regional Administrator review, evaluation, and determination of the request
  • Determination of qualifying fires (if a fire complex is requested)
The Incident

Wildfires start because of various reasons, natural and manmade. To prevent wildfires from spreading uncontrollably, State or Territorial and Local firefighters work to contain them.

Some wildfire(s) become uncontrolled and threaten to become a major disaster. In this case, a State or Territory can request a Fire Management Assistance Declaration to receive financial assistance for efforts to control the wildfire(s).

The State or Territory can also request a declaration for a fire complex. A fire complex is two or more fires in the same general area. All fires within the complex may also be managed by the same incident commander.

Wild land ground crews from West Metro fire district use hoses to work on taking control of the Green Mountain fire.
State/Territory Request for a Fire Management Assistance Declaration

The first step in the Fire Management Assistance Declaration process is the State or Territory submitting the request.

If an uncontrolled fire or fire complex threatens such destruction that would constitute a major disaster, the Governor or Governor’s Authorized Representative may submit a request for a Fire Management Assistance Declaration.

The Governor or Governor’s Authorized Representative must submit a request while the fire is burning uncontrolled. As the program declaration request process operates in real time during an incident, declaration requests may be submitted day or night.

When submitting a request for a declaration, the governor or governor's authorized representative completes two steps:

  • Verbal declaration request
  • Written declaration request
Expedited Declaration Request

To expedite processing of the State or Territory's declaration request, the Governor or Governor's authorized representative should submit the request verbally by telephone to the appropriate FEMA Regional Administrator or designated FEMA Regional Fire Duty Liaison.

The Governor or Governor’s Authorized Representative provides relevant information to the FEMA Regional Administrator or designated Regional Fire Duty Officer or Fire Action Officer that supports their requests and assists in the declaration determination. Information include factual data and professional estimates, if available, for the following:

  • Name of the fire or fire complex
  • Size of the fire(s) in acres or square miles
  • Name, location, and population of community(ies) threatened
  • Number of primary and secondary residences and businesses threatened
  • Distance of fire to nearest communities
  • Number of persons evacuated to date, if applicable
  • Percent of fire contained
  • High fire-danger conditions
  • Current and predicted (24-hour) weather conditions
  • Degree to which State and local resources are committed to this fire and other fires in Federal, State, and local jurisdictions
Written Declaration Request
After the Governor or Governor’s Authorized Representative completes the expedited declaration request, s/he must submit their Request for Fire Management Assistance Declaration, FEMA Form 078-0-1.
  • The information on FEMA Form 078-0-1 provides written confirmation of information submitted during the telephone declaration request and is required for official FEMA files

The Governor or Governor's Authorized Representative has 14 days after the date of the expedited declaration request to submit their written declaration request to the FEMA Regional Office.

 

The first page of the Request for Fire Management Assistance Declaration form.

 

Information for the Declaration Request

For the written declaration request, the Governor or Governor's Authorized Representative provides information that supports their request.

The Governor or Governor's Authorized Representative must fill out and sign the Request for Fire Management Assistance Declaration, FEMA Form 078-0-1, which has space to include the same information provided during the expedited request.

Inclusion of Affected Counties

While completing their Request for Fire Management Assistance, FEMA Form 078-0-1, the Governor or Governor's authorized representative must also identify the counties that will receive assistance.

Block 15 of the Request for Fire Management Assistance Declaration, FEMA Form 078-0-1, provides an entry for the county(ies) affected by the fire.

Only one county is required to be listed at the time of submission. All counties affected by the declared fire must be listed in Attachment C of the FEMA-State/Tribal/Territorial Agreement when it is submitted.

Refer to appendix 2-1 for full description.
Supporting Documentation for a Declaration Request

To further support a declaration request, the State may append additional documentation to the Request for Fire Management Assistance Declaration, FEMA Form 078-0-1, including, but not limited to:

  • Fire severity maps
  • Geographic, topographical, or land assessment maps
  • Incident status summary reports
The first page of the Request for Fire Management Assistance Declaration form.
FEMA Review of the Declaration Request

Once the State or Territory submits the Request for Fire Assistance Management Declaration, FEMA Form 078-0-1, the FEMA Regional Office is responsible for reviewing it.

For Fire Management Assistance Declarations, the FEMA Regional Fire Duty Liaison or Fire Action Officer is the primary point of contact. This individual manages the declaration requests that are submitted. The Regional Fire Duty Liaison does the following to manage requests:

  • Verifies the information in the Request for Fire Management Assistance, FEMA Form 078-0-1, with the Federal Principal Advisor
  • Briefs the Region's Recovery Director on the state of the request

If the declaration request is incomplete, or insufficient to make a determination for a declaration, the FEMA Regional Office may reach out to obtain additional information from the State or Territory.

FEMA Review of the Declaration Request: Principal Advisor's Report

For every Request for Fire Management Assistance Declaration, the FEMA Regional Fire Duty Liaison receives, s/he reaches out to a Principal Advisor.

The Principal Advisor completes the Principal Advisor's Report (FEMA Form 078-0-2), that provides an independent technical assessment of the fire. The Principal Advisor, by communicating with the incident commander of the fire, and other parties verifies information the State or Territory provided in their declaration request. Verified information includes, but is not limited to:

  • Weather
  • Fire behavior
  • Fire forecast

Once the Principal Advisor finalizes their report, s/he provides the report to the Regional Fire Duty Liaison/Fire Duty Officer and it is passed along to the Regional Administrator.

The Principal Advisor's Report is used by the Regional Administrator to verify the information submitted by the State or Territory. The report does not prove an approve or deny recommendation on the declaration request.

The Principal Advisor's Report. The sections and text on the form are illegible.
Declaration Request, Evaluation and Determination

After the Regional Fire Duty Liaison/Fire Action Officer receives the Principal Advisor's Report and briefs the Region's Recovery Director, s/he provides the Request for Declaration supporting information, and the Principal Advisor's Report to the Regional Administrator.

The Regional Administrator evaluates the declaration request and makes a determination to approve or deny the request. The Regional Administrator bases their determination on the following:

  • Evaluation criteria
      • Imminent threat to lives and improved property, including threats to critical facilities/infrastructure, and critical watershed areas
      • Availability of State or Territory and Local firefighting resources
      • High fire danger conditions, as indicated by nationally accepted indices such as the National Fire Danger Ratings System
      • Potential major economic impact
  • Information provided in the State or Territory's declaration request
  • Principal Advisor's Report
Evaluation Criterion One

The first criterion the Regional Administrator uses to review the declaration request is the imminent threat to lives and improved property, including threats to critical facilities/infrastructure, and critical watershed areas.

Improved properties include but are not limited to:

  • Homes (single family and multi-family [e.g., townhouses, condos, apartments])
  • Hospitals, prisons, and schools
  • Police and fire stations
  • Water treatment facilities
  • Public utilities
  • Major roadways
A photo taken from a Firehawk helicopter flown by Los Angeles County firefighters over the Sand Fire. The Sand Fire burned in the Angeles National Forest, not far from the city of Los Angeles.
Evaluation Criterion Two

The second criterion the Regional Administrator uses to review the declaration request is the availability of State or Territory and Local firefighting resources. This includes:

  • The degree of commitment by Federal, State or Territory, and Local resources to other fires
  • The lack of available Federal, State or Territory, and Local wildland firefighting resources
Firefighters look on as an area of fire rages out of control on Fairview Road. The firefighters work to extinguish the Florida Bugaboo Fire.
Evaluation Criterion Three
The third criterion the Regional Administrator uses to review the declaration request is the high fire-danger conditions as indicated by nationally accepted indices, such as:
Evaluation Criterion Four
The last criterion the Regional Administrator uses to review the declaration request is the potential major economic impacts at the:
  • Regional level
  • State or Territory level
  • Local level

For example, if a fire threatens a large subdivision of primary homes, or if a fire threatens a community's drinking water reservoir and other drinking water resources are not available those factors provide relevant data and information that weigh on the final determination of the Request for a Fire Management Assistance Grant declaration.

Determination of Qualifying Fires: Fire Complex

In the case of a fire complex, FEMA and the State or Territory work together to determine which fires are eligible under the Fire Management Assistance Declaration. Even though an entire complex may be designated in a declaration request, not all fires within the complex automatically qualify.

FEMA and the State or Territory assess each fire included in the fire complex against the evaluation criteria and information the Regional Administrator uses to make a determination on the Request for Fire Management Assistance Declaration. Using the criteria, FEMA and the State or Territory come to an agreement on which fires in a fire complex are eligible.

FEMA and the State or Territory can also make a decision on which fires within a fire complex qualify under the declaration after the Regional Administrator approves the State or Territory's declaration request.

Communication of the Decision (1 of 2)

From the Regional Administrator's determination on the Request for Fire Assistance Management Declaration, the FEMA Regional Administrator or Deputy Regional Administrator immediately notifies the Governor or the Governor’s Authorized Representative of the approval or denial determination.

The FEMA Public Assistance Branch also drafts a memorandum to the Regional Administrator and letter to the Governor for the Regional Administrator's signature. Select here for an example of the memorandum.

 

FEMA Region IX Administrator Robert Fenton meets with California State personnel.
Communication of the Decision (2 of 2)

In addition to externally communicating the Request for Fire Management Assistance Declaration determination, the Regional Fire Duty Liaison sends an email to Regional leadership and FEMA Headquarters leadership stating the determination and providing declaration facts.

  • FEMA Headquarters leadership acknowledges the declaration upon receipt of the determination

At the same time, the FEMA Regional Public Assistance Branch compiles all documentation related to the declaration request and forwards it to the FEMA Declarations Unit.

  • The FEMA Declarations Unit provides the FEMA Regional Office with an assigned Fire Management Assistance Declaration Number for the declared fire
Post-Declaration Requirements

If the Regional Administrator approves of the Request for Fire Management Assistance Declaration, FEMA and the Recipient take additional actions to complete the appropriate paperwork and the incident period is agreed upon. Paperwork and actions include, but are not limited to:

  • Submission of Appendix C amendment to the FEMA-State/Tribal/Territorial Agreement
  • Modification of a request to add counties
  • Determination of the incident period
Submission of Attachment C Amendment
Once the Regional Administrator approves the State or Territory’s declaration request, the Recipient should sign and submit Attachment C of the FEMA-State/Tribal/Territorial Agreement once the incident period has been determined.

If the Recipient submitted their FEMA-State/Tribal/Territorial Agreement prior to the incident, then the Recipient only needs to submit Attachment C. If the Recipient has not submitted the agreement, they need to submit both at the same time to FEMA.

The Recipient must fill out and submit Exhibit E for each declared fire. Attachment C contains the following information:

  • Name of the fire or fire complex
  • Fire Management Assistance Declaration number
  • Affected counties
  • Incident period
Modifying a Declaration Request to Add Counties

If a declared fire or fire complex burns into adjacent counties, additional counties may be eligible for assistance under the declared fire.

The State or Territory submits the same type of information for the additional county(ies) that they provided FEMA for the original declaration request. This includes information that shows that the fire or fire complex poses an imminent threat to life and property and is uncontrolled.

FEMA evaluates the information on the additional counties, using the same criteria as before, and determines whether they should be added to the declaration. Once FEMA makes the determination, they inform the State or Territory and FEMA leadership of the determination.

Firefighters battle the Sand Fire as it rages on in the Angeles National Forest outside Los Angeles, California.
Determination of the Incident Period
Once the fire or fire complex is under control, the FEMA Regional Administrator, in consultation with the Governor or Governor’s Authorized Representative, and the Principal Advisor determine the incident period.

Incident period start date:

  • The incident period may start on the date of the Fire Management Assistance Declaration or with the initial firefighting actions at the time when the fire threatened such destruction as would constitute a major disaster
  • If the incident period starts before the date of the State or Territory's declaration request, the factors and circumstances (e.g., immediate threats to life including evacuation) should be documented by the State or Territory and provided to FEMA

Incident period end date:

  • The incident period usually closes at the end of a shift when the fire is controlled
Appeal of Denied Declaration Request

If the FEMA Regional Administrator denies the State or Territory's declaration request, it has one opportunity to appeal the denial. The appeal is reviewed by FEMA Headquarters.

  • The Governor or the Governor's authorized representative has 30 days to submit an appeal in writing after the date of the letter denying the request
    • The appeal should contain any necessary additional information that bolsters the State's original declaration request
  • The Regional Administrator reviews the appeal, writes a recommendation, and forwards the appeal with the recommendation to FEMA Headquarters
  • The FEMA Headquarters Office decides on the appeal and notifies the State of its determination within 90 days of receipt of the appeal

The State or Territory can also request an extension to submit their appeal.

  • The State or Territory must submit their extension request in writing to the Regional Administrator no later than 30 days from the date of the receipt of the declaration request denial
  • The request must include justification for the need for an extension
  • The FEMA Headquarters office reviews the extension request and informs the FEMA Region of the determination
  • The FEMA Region informs the State or Territory of the determination
Additional Declarations: Emergency and Major Disaster Declarations

After a State or Territory receives a Fire Management Assistance Grant Declaration, the State or Territory may also request a major disaster or emergency declaration in response to the wildfires or wildfire threat.

FEMA will generally not recommend a major disaster declaration for a wildland fire, unless the fire has significant impacts and costs that could not be addressed by the Fire Management Assistance Grant Program

Lesson 2 Summary

In this lesson, participants learned how to:

  • Describe the Fire Management Assistance Grant Program declaration process
  • Identify the roles and responsibilities in submitting, processing, and approving a fire declaration request

The next lesson provides an overview of the document collection and reimbursement process for the Fire Management Assistance Grant Program.