Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 5 - MAINE DISASTER RECOVERY FUND › Section 214-5-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Administrator
. "Administrator
				of the Maine Disaster Relief Fund" or "Administrator" means the private,
				non-profit organization composed of volunteers from industry and non-profit
				organizations, established to administer the privately funded Maine Disaster
				Relief Fund independent of State Government.
2.
Agency
. "Agency" means the
				Maine Emergency Management Agency within the Department of Defense, Veterans
				and Emergency Management.
3.
Alternate Project
. "Alternate Project" means a project under the
				FEMA Public Assistance program proposed by the applicant when it has determined
				that the public welfare would not best be served by restoring a damaged
				facility or its function to the pre-disaster design.
4.
Consumer Price Index
.
				"Consumer Price Index (CPI)" means a measure of the average change over time in
				the prices paid by urban consumers for a market basket of consumer goods and
				services, published by the US Department of Labor, Bureau of Labor
				Statistics.
5.
Disaster
. "Disaster" has the same meaning as set forth in Title
				 37-B M.R.S.
				§703(2)
6.
Disaster Case Manager
.
				"Disaster case manager" means a trained staff person at a voluntary
				organization who works with individuals and families affected by a disaster to
				help link them to programs and services to address their disaster-caused unmet
				needs.
7.
DRT Agency
.
				"DRT Agency" means a member agency of the State Disaster Recovery Team (DRT)
				either designated by Executive Order or added on an ad hoc basis.
8.
Emergency Work
. "Emergency
				Work" means work which must be done immediately to save lives and to protect
				improved property and public health and safety, or to avert or lessen the
				threat of a major disaster.
9.
Federal Disaster Declaration
. "Federal disaster declaration" means
				a determination by the President of the United States under the provisions of
				Section 401 of the
Robert T. Stafford Disaster Relief and Emergency
				Assistance Act
,
				42 U.S.C. §
										5170 (Stafford Act), and implemented by
				44 CFR §
										206.36 that a natural catastrophe, or,
				regardless of cause, any fire, flood, or explosion, in any part of the State of
				Maine, has caused damage of sufficient severity and magnitude to warrant major
				disaster assistance to supplement the efforts and available resources of the
				State, local governments, and disaster relief organizations in alleviating the
				damage, loss, hardship, or suffering caused by such disaster.
10.
FEMA
. "FEMA" means the
				Federal Emergency Management Agency within the United States Department of
				Homeland Security, exercising its statutory authority to provide disaster
				assistance under the Stafford Act.
11.
Fund
. "Fund" means the State
				managed Disaster Recovery Fund established by Title
				37-B M.R.S.
				§745.
12.
Improvement Project
.
				"Improvement project" means a project proposed by an applicant to make
				improvements to a damaged facility, over and above restoring the facility to
				its pre-disaster condition, which the applicant is willing to fund.
13.
Incident Period
. "Incident
				period" means the time interval during which the disaster-causing incident
				occurred.
14.
Individual
				Assistance
. "Individual assistance" means assistance that is essential
				to meet necessary expenses or serious needs of individuals and families caused
				by a disaster which cannot otherwise adequately be met.
15.
Large Project
. "Large
				project" means approved projects under the FEMA Public Assistance program
				estimated to cost the same or more than the large project threshold amount set
				by FEMA (see
				44 CFR §
										206.203 ) for the current federal fiscal
				year.
16.
Maine Disaster
				Relief Fund
. "Maine Disaster Relief Fund" means the charitable fund
				created and managed by a not-for-profit organization for the purpose of
				receiving tax-deductible donations to serve the unmet needs of individuals and
				families affected by disaster in the State of Maine.
17.
Maine Public Assistance Program
				(MEPA)
. "Maine Public Assistance Program" means disaster recovery
				assistance that is provided through the Fund to local governmental units
				following a disaster that is not federally declared.
18.
Mitigation
. "Mitigation" has
				the same meaning as set forth in Title
				37-B M.R.S.
				§703(3-A).
19.
Municipality
. "Municipality"
				has the same meaning as set forth in Title
				30-A M.R.S.
				§5903(7).
20.
Private nonprofit
				organization
. "Private nonprofit organization" means any nongovernmental
				agency or entity that currently has an effective ruling letter from the U.S.
				Internal Revenue Service granting tax exemption under section 501(c), (d), or
				(e) of the
Internal Revenue Code of 1954
; and presents
				satisfactory evidence from the State that it is duly incorporated under the
				laws of this State or authorized to carry on activities in this
				State.
21.
Other Needs
				Assistance
. "Other needs assistance" means the FEMA Individual
				Assistance program which assists individuals who have disaster-related
				necessary expenses or serious needs other than housing (pursuant to
				44 CFR §
										206.119 ) and for which the State, in
				accepting the assistance, assumes an obligation to pay 25% of the cost pursuant
				to
				44 CFR §
										206.110(i)(2)(ii).
22.
Permanent Work
. "Permanent
				work" means that restorative work that must be performed through repairs or
				replacement, to restore an eligible facility on the basis of its pre-disaster
				design and current applicable standards.
23.
Public Assistance
. "Public
				assistance" means supplementary federal assistance provided under the Stafford
				Act to state and local governments or certain private, nonprofit organizations,
				other than assistance for the direct benefit of individuals and
				families.
24.
Public
				Entity
. "Public entity" means an organization formed for a public
				purpose whose direction and funding are provided by one or more political
				subdivisions of the state.
25.
Public Facility
. "Public facility" means the following facilities
				owned by the State or local government: any flood control, navigation,
				irrigation, reclamation, public power, sewage treatment and collection, water
				supply and distribution, watershed development, or airport facility; any
				non-Federal aid, street, road or highway; and any other public building,
				structure, or system, including those used for educational, recreational, or
				cultural purposes; or any park.
26.
Recovery
. "Recovery" has the same meaning as set forth in Title
				37-B § 703(6).
27.
Response
. "Response" means those activities designed to provide
				emergency assistance to victims of a disaster, reduce the likelihood of
				secondary damage, or to accurately assess resource needs of municipalities and
				their populations, but which do not include winter snow clearance and road
				treatment costs.
28.
Small
				Project
. "Small project" means approved projects under the FEMA Public
				Assistance program estimated to cost less than the large project threshold
				amount set by FEMA (see
				44 CFR §
										206.203 ) for the current federal fiscal
				year.
29.
Standards
.
				"Standards" means codes, specifications or standards required for the
				construction of facilities.
30.
State Disaster Recovery Team
. "State Disaster Recovery Team" (DRT)
				means the team established by Governor's Executive Order 2015-010, October 14,
				2015, consisting of representatives of 24 State and quasi-state agencies plus
				members from additional agencies which may be appointed on an ad hoc basis by
				the Director of the Agency, with the expertise, programs or resources that can
				assist individuals, families, businesses and communities following a
				disaster.
31.
Unmet
				Need
. "Disaster Caused Unmet Need" or "Unmet Need" means an un-resourced
				item, support, or assistance that has been assessed and verified by
				representatives from State, Tribal, local, and Federal governments and/or
				voluntary and faith-based organizations as necessary for the survivor to
				recover from the disaster. Unmet needs may also include basic immediate
				emergency needs such as food, clothing, shelter or first aid and long-term
				needs such as financial, physical, emotional or spiritual well-being.
32.
Voluntary Organization
.
				"Voluntary organization" means any chartered or otherwise duly recognized
				tax-exempt local, state or national organization or group which has provided or
				may provide needed services to the State, local governments, or individuals in
				coping with an emergency or a major disaster.