Fire Management Assistance Grants: Frequently Asked Questions




Fire Management Assistance Grants:
Frequently Asked Questions

Updated August 17, 2023
Congressional Research Service
https://crsreports.congress.gov
R43738




Fire Management Assistance Grants: Frequently Asked Questions

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, territorial, and
tribal (SLTT) governments for the control, management, and mitigation of any fire on certain
public or private forest or grassland that might become a major disaster. This federal assistance
requires a cost-share, with state, local, and tribal governments responsible for 25% of the
expenses.
This report answers frequently asked questions about FMAGs. It will be updated as events
warrant.
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Contents
Introduction ..................................................................................................................................... 1
Declaration Process ......................................................................................................................... 2
How Are FMAGs Requested? ................................................................................................... 2
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? ................................................................................... 3
Can Denials for FMAG Assistance Be Appealed? .................................................................... 4
Does an FMAG Exclude the Possibility of an Emergency or Major Disaster

Declaration Under the Stafford Act? ...................................................................................... 4
Funding ............................................................................................................................................ 6
How Are FMAGs Funded? ....................................................................................................... 6
Can FMAGs Still Be Issued If the DRF Balance Is Low? ........................................................ 6
What Are the Cost-Share Requirements for FMAGs? .............................................................. 6
Does FEMA Advance Funds to States or Reimburse States for Completed Work? .................. 6

FMAG Assistance ............................................................................................................................ 7
What Types of Assistance Are Provided Under an FMAG Declaration? .................................. 7
Is Mitigation Funding Included in an FMAG Declaration? ...................................................... 7

Interaction with Other Federal Agencies ......................................................................................... 8
How Are FMAGs Different from Other Types of Federal Fire Assistance? ............................. 8
Can FMAG Assistance Be Provided in Conjunction with Other Types of Federal
Assistance, or Is It Considered a Duplication of Benefits? .................................................... 9
Do FMAGs Assist with Fires on Federal Lands? ...................................................................... 9

Figures
Figure 1. Disaster Declaration Process ............................................................................................ 5

Tables
Table 1. Selected Examples of CY2023 Individual and Cumulative Fire Thresholds by
State .............................................................................................................................................. 3

Contacts
Author Information ........................................................................................................................ 10


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Fire Management Assistance Grants: Frequently Asked Questions

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). An FMAG declaration makes FMAG grants available to provide federal
assistance to supplement state, local, territorial, and tribal (SLTT) efforts for the control,
management, and mitigation of any fire on certain public or private forest land or grassland that
might become a major disaster.2 FEMA defines control, management, and mitigation as those
activities undertaken, generally, during the incident period of a declared fire, to minimize the
immediate adverse effects and to manage and control the fire.3
The current FMAG system was established by regulation in October 2001.4 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.5 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. This federal assistance requires a
cost-share, with state, local, and tribal governments responsible for 25% of the expenses.
The Disaster Recovery Reform Act of 2018 (Division D of P.L. 115-254; hereinafter DRRA)
authorizes FEMA to provide Hazard Mitigation Grant Program (HMGP) Post Fire grants, under
Section 404 of the Stafford Act, in any area that receives a FMAG declaration even if no
presidential major disaster declaration was made.
This report discusses some frequently asked questions received by the Congressional Research
Service on FMAGs. It addresses questions regarding how FMAG declarations are requested, how
requests are evaluated using thresholds, and the types of assistance provided under an FMAG
declaration.
Wildfire Jurisdiction
The federal government is responsible 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 comingled land ownership,
response efforts may be managed jointly across multiple federal, state, tribal, or local agencies.

1 42 U.S.C. §§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 P.L. 93-288, codified at 42 U.S.C. §5187(a).
3 Federal Emergency Management Agency, Fire Management Assistance Grant Program and Policy Guide, FEMA
FP-104-21-0002, June 2021, p. 1, https://www.fema.gov/sites/default/files/documents/fema_fmagppg_063121.pdf
(hereinafter FMAG PPG 2021).
4 44 C.F.R. §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.
5 44 C.F.R. §204.24. There are 10 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.
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Declaration Process
How Are FMAGs Requested?
An FMAG declaration 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.6 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.7
Can a Tribal Leader Request an FMAG Declaration?
Pursuant to 44 C.F.R. §204.22, a governor or a governor’s authorized representative are the only
officials authorized to request FMAG declarations. Tribal governments8 are not authorized to
make FMAG declaration requests at this time.9 After an FMAG declaration is approved, a tribal
government may act as a recipient or as a subrecipient of an FMAG grant under the state.10 A
tribal government acting as a recipient assumes all responsibilities of a “state” for the purposes of
administering the grant.11
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.12 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).13

6 For the remainder of this report, references to a state or states also applies to territories and the District of Columbia.
7 44 C.F.R. §206.392. See also FMAG PPG 2021, pp. 4-5.
8 P.L. 113-2, §1110(c), 42 U.S.C. §5122, and 44 C.F.R. §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. §479a.
9 FMAG PPG 2021, p. 4.
10 The recipient is the government to which a grant is awarded and which is responsible for the use of the funds
provided. Generally, a state is the recipient of an FMAG. However, after a declaration a tribal government may choose
to be a recipient or may act as a subgrantee under a state. A subrecipient is an applicant that is awarded a subgrant and
is accountable to the recipient for the use of grant funding provided. See 44 C.F.R. §204.3.
11 FMAG PPG 2021, p. 4.
12 FMAG PPG 2021, pp. 5-6.
13 Declaration forms can be located at https://www.fema.gov/assistance/public/fire-management-assistance.
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How Is FMAG Assistance Determined?
FEMA Regional Administrators use the following criteria to evaluate wildfires and make a
determination whether to issue an FMAG. The four criteria below are considered in order of
descending priority during the evaluation process of a threat of a fire or fire complex:14
1. the threat to lives and property including critical facilities, infrastructure, and
watershed areas;
2. the availability of state and local firefighting resources;
3. high fire danger conditions based on nationally accepted indices such as the
National Fire Danger Rating System;15 and
4. the potential economic impacts of the fire.16
In addition, FEMA uses fire cost thresholds to evaluate requests for FMAG declarations. 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,17 multiplied by the state population.18 Taking Pennsylvania as an
example, generally, a single fire would need to meet or exceed $1,150,739 in damages for
Pennsylvania to be eligible for an FMAG declaration in CY2023.
Table 1. Selected Examples of CY2023 Individual and Cumulative Fire Thresholds by
State
State
Individual Threshold
Cumulative Threshold
Alaska
$100,000
$500,000
California
$3,499,133
$10,497,398
Hawaii
$128,791
$500,000
Oregon
$374,997
$1,124,991
Pennsylvania
$1,150,739
$3,452,217
Texas
$2,579,377
$7,738,132
West Virginia
$158,744
$500,000
Source: FEMA, CY2023 Fire Cost Thresholds, provided by FEMA Congressional Affairs staff, August 15, 2023. The
states were selected to il ustrate how the individual and cumulative fire thresholds are calculated and applied.

14 FMAG PPG 2021, p. 5.
15 The National Fire Danger Rating System is a system that allows fire managers to estimate today’s and tomorrow’s
fire danger for a given area. See Forest Service, National Fire Danger Rating System, https://www.fs.usda.gov/detail/
cibola/landmanagement/resourcemanagement/?cid=stelprdb5368839.
16 FMAG PPG 2021, p. 5.
17 The FY2023 per capita indicator is $1.77. See FEMA, Per Capita Impact Indicator and Project Thresholds,
https://www.fema.gov/assistance/public/tools-resources/per-capita-impact-indicator.
18 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, https://www.bls.gov/cpi/.
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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 $3,452,217. Since that amount is larger than $500,000, cumulative fire damages
in Pennsylvania must meet or exceed $3,452,217 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).
Can Denials for FMAG Assistance Be Appealed?
If FEMA denies the request for an FMAG declaration, the state has one opportunity to appeal.
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).19
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.
Does an FMAG Exclude the Possibility of an Emergency or Major
Disaster Declaration Under the Stafford Act?
No, an emergency or major disaster can still 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. Figure 1 illustrates processes for disaster
declarations.
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).20

19 FMAG PPG 2021, p. 10.
20 FMAG PPG 2021, p. 14.
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Figure 1. Disaster Declaration Process

Source: CRS interpretation of 44 C.F.R. §§206.33, 206.35-206.40, 206.46 (for emergency and major disaster
declarations), and 44 C.F.R. §§204.21-204.26 (for FMAGs).
Notes: An expedited major disaster declaration may be requested and the Joint Preliminary Damage
Assessment requirement may be waived for “incidents of unusual severity and magnitude that do not require
field damage assessments to determine the need for supplemental Federal assistance under the Act” (44 C.F.R.
§206.33(d) and 44 C.F.R. §206.36(d)).

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Funding
How Are FMAGs Funded?
FMAGs are funded through FEMA’s Disaster Relief Fund (DRF), the main account FEMA uses
to provide disaster assistance.21 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.22 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.
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.23
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

21 For more information on the DRF, see CRS Report R45484, The Disaster Relief Fund: Overview and Issues, by
William L. Painter.
22 For more information on the allowable adjustment, see CRS In Focus IF10720, Calculation and Use of the Disaster
Relief Allowable Adjustment
, by William L. Painter.
23 For more information on Stafford Act cost shares, see CRS Report R47646, Stafford Act Cost Shares: History,
Trends, Analysis
, by Erica A. Lee.
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must also stipulate that the fire cost threshold was met.24 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 comingled
federal land, when such costs are not reimbursable by another federal agency.
An FMAG declaration authorizes temporary forms of assistance to individuals and households
including emergency sheltering and medical care, but does not authorize permanent forms of
assistance to repair and rebuild homes. In addition, neither rental assistance nor other forms of
assistance provided to individuals and households under FEMA’s Individual Assistance program
are made available after an FMAG declaration.25
Is Mitigation Funding Included in an FMAG Declaration?
Until 2018, only major disaster declarations made statewide hazard mitigation grants available.
DRRA amended the Stafford Act to make Hazard Mitigation Grant Program (HMGP)26 funding
available after FMAG declarations as well. HMGP assistance includes measures that
substantially reduce the risk of future damage, hardship, loss, or suffering in any area affected
by a major disaster, or any area affected by a fire for which assistance was provided under
Section 420 of the Stafford Act. Under Section 404 of the Stafford Act as amended by DRRA,
HMGP Post Fire grants are provided to states and tribes on a sliding scale based on the

24 Other agreements that must be in place include an approved State Administrative Plan, a FEMA-State Agreement for
the incident, and 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.
25 For more information, see CRS Report R46014, FEMA Individual Assistance Programs: An Overview, by Elizabeth
M. Webster.
26 For more information, see CRS Report R46989, FEMA Hazard Mitigation: A First Step Toward Climate Adaptation,
by Diane P. Horn.
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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.27 States and federally recognized tribes with a FEMA-approved Enhanced State
or Tribal Hazard Mitigation Plan will receive 20% of the estimated aggregate amounts of disaster
assistance.28
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 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 provides 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.29
States and other entities may also enter into various cooperative agreements (e.g., mutual aid
agreements, cooperative fire protection agreements, fire compacts) with federal agencies that
have a fire protection responsibility.30 These agencies most commonly include the 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).31 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 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).32

27 42 U.S.C. §5170c(a).
28 44 C.F.R. §201.5.
29 For more information, see CRS In Focus IF10732, Federal Assistance for Wildfire Response and Recovery, by Anne
A. Riddle; CRS Report RS21212, Agricultural Disaster Assistance, by Megan Stubbs; and CRS Report R45219, Forest
Service Assistance Programs
, by Anne A. Riddle.
30 42 U.S.C. §1856.
31 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. §1856a-1).
32 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 comingled federal and nonfederal, and the costs incurred by the eligible entity are
not entitled to any other type of federal reimbursement.33
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.34 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.35 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.36

33 44 C.F.R. §204.42(i).
34 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.
35 44 C.F.R. §204.43(e). For more information, see CRS In Focus IF10732, Federal Assistance for Wildfire Response
and Recovery
, by Anne A. Riddle.
36 44 C.F.R. §204.42(i).
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Author Information

Diane P. Horn
Anne A. Riddle
Specialist in Flood Insurance and Emergency
Analyst in Natural Resources Policy
Management


Bruce R. Lindsay

Specialist in American National Government


Acknowledgments
This report was originally co-authored by Katie Hoover, former CRS Specialist in Natural Resources. Jared
C. Nagel, formerly Senior Research Librarian and currently Information Technology Specialist, helped
compile information for this report.

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