§ 207.9 Declarations before November 13, 2007. ( a ) *General.* This section describes how FEMA provides administrative and management cost funding for PA and HMGP for major disasters or emergencies declared before November 13, 2007.
( b ) *Eligible direct costs.* Eligible direct costs to complete approved activities are governed by 2 CFR parts 200 and 3002. The eligible direct costs for administration and management of the program are divided into two categories as follows: ( 1 ) *Grantee* — ( i ) *Statutory administrative costs.* FEMA may provide funds to the grantee to cover the extraordinary costs incurred in preparing project worksheets or applications, final inspection reports, quarterly reports, final audits, and related field inspections by State employees, including overtime pay and per diem and travel expenses, but not including regular time for such employees. FEMA will base the funds on the following percentages of the total amount of assistance provided (Federal share) for all subgrantees in the State under sections 403, 404, 406, 407, 502, and 503 of the Stafford Act (42 U.S.C. 5170b, 5170c, 5172, 5173, 5192, and 5193, respectively): ( A ) For the first 100,000 of total assistance provided (Federal share), 3 percent of such assistance.
( B ) For the next 900,000, 2 percent of such assistance.
( C ) For the next 4,000,000, 1 percent of such assistance.
( D ) For assistance over $5,000,000, one-half of 1 percent of such assistance.
( ii ) *State management administrative costs.* Except for the items listed in paragraph (b)(1)(i) of this section, other administrative costs will be paid in accordance with 2 CFR part 200, subpart E—Cost Principles. The grantee and FEMA will share such costs under the cost share provisions of applicable PA and HMGP regulations.
( 2 ) *Subgrantee.* The grantee may provide funds to the subgrantee to cover necessary costs of requesting, obtaining, and administering Federal disaster assistance subgrants, based on the following percentages of net eligible costs under sections 403, 404, 406, 407, 502, and 503 of the Stafford Act (42 U.S.C. 5170b, 5170c, 5172, 5173, 5192, and 5193, respectively), for an individual applicant (applicants in this context include State agencies): ( i ) For the first $100,000 of net eligible costs, 3 percent of such costs.
( ii ) For the next $900,000, 2 percent of such costs.
( iii ) For the next $4,000,000, 1 percent of such costs.
( iv ) For those costs over $5,000,000, one-half of 1 percent of such costs.
( c ) *Eligible indirect costs:* ( 1 ) *Grantee.* Indirect costs of administering the disaster program are eligible in accordance with the provisions of 2 CFR parts 200 and 3002 if the grantee provides FEMA with a current Indirect Cost Rate Agreement approved by its Cognizant Agency.
( 2 ) *Subgrantee.* No indirect costs of a subgrantee are separately eligible because the percentage allowance in paragraph (b)(2) of this section covers necessary costs of requesting, obtaining and administering Federal assistance.
( d ) *Availability.* ( 1 ) For major disaster declarations, FEMA will reimburse grantee eligible costs as described in this section at (b)(1)(ii) and (c)(1) for a maximum of 8 years from the date of the major disaster declaration or 180 days after the latest performance period date of a non-management cost PA PW or predecessor form or HMGP project narrative, respectively, whichever is sooner.
( 2 ) For emergency declarations, FEMA will reimburse grantee eligible costs as described in this section at (b)(1)(ii) and (c)(1) for a maximum of 2 years from the date of the emergency declaration or 180 days after the latest performance period of a non-management cost PA PW or predecessor form, whichever is sooner.
( 3 ) The reimbursement of grantee eligible costs as described in this section at (b)(1)(ii) and (c)(1) may be provided by FEMA after the periods of availability described in this section only at the written request of the grantee, with the recommendation of the Regional Administrator, and with the approval of the Chief Financial Officer. The grantee must include a justification in its request for further reimbursement, and must demonstrate that there is work in progress that can be completed within the extended period of reimbursement. In no case will reimbursement be provided after 180 days after the expiration of any performance period extensions granted under PA or HMGP for project completion.
[72 FR 57875, Oct. 11, 2007, as amended at 79 FR 76087, Dec. 19, 2014]