Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Oregon Department of Emergency Management (ODEM), and local and
tribal emergency management/services agencies participating in the Emergency Management Performance Grant
(EMPG) Program will implement the EMPG Program in the State of Oregon consistent with these rules, the
Federal Emergency Management Agency's (FEMA) annual EMPG Program guidance, and an annual grant agreement and
work plan agreed to by ODEM and each participating local or tribal emergency management agency.
(2) Eligible applicants for participation in the Oregon EMPG Program
include the state's 36 counties, nine (9) federally recognized tribes, and cities with a population of over
85,000.
(3) Each county, tribal government and city must meet the
following requirements to be eligible to participate in the program:
(a)
Have an assigned emergency manager.
(b) Be National Incident
Management System (NIMS) compliant.
(c) Have an Emergency
Operations Plan (EOP) that is consistent with ODEM's statewide planning guidance, updated every two years,
and promulgated by agency officials every four years.
(d) Have a
FEMA approved Hazard Mitigation Plan that is updated every five years.
(e) Have an Emergency Operations/Coordination facility.
(f) Have an incident command structure.
(4) Each county, tribal government and city must meet the following
additional requirements to participate in the program:
(a) Conduct
emergency exercises as outlined in the annual grant program work plan.
(b) Ensure that each agency staff member funded in any part with EMPG funds
participates in emergency exercises as outlined in the annual grant program work plan.
(c) Ensure that each agency staff member funded in any part with EMPG funds
completes all training identified in the annual grant program work plan and attends a minimum of 20 hours of
emergency management professional development training during the grant performance period.
(d) Comply with additional federal mandates as outlined in the annual
federal EMPG Funding Opportunity Announcement and included in the agency's approved annual work
plan.
(5) ODEM will allocate EMPG funds to the
participating agencies each fiscal year based on the program funds made available by FEMA and the Oregon EMPG
funding formula policy implemented by ODEM. The funding formula policy will be reviewed every three years by
ODEM and a workgroup of EMPG eligible applicants unless a sooner review is needed due to changes identified
by federal, state, or local partners. A one-year extension of the review may be granted if it appears changes
are about to be released by federal or state partners.
(6) The
EMPG is a 50% non-federal cost share grant and grant funds are provided on a reimbursement basis. All EMPG
Program funds must be spent and accounted for in accordance with applicable OMB Circulars and Title 44 of the
Code of Federal Regulations.
(7) Work Plan Submission and
Reporting Requirements:
(a) Each participating agency must prepare and
submit a proposed annual work plan in accordance with guidance provided by ODEM.
(b) The county emergency manager of each county with a participating city
or cities is encouraged to collaborate with participating cities when developing annual work plans.
(c) ODEM will review and approve each participating agency's annual work
plan. Upon approval, ODEM will prepare a formal grant agreement and forward the agreement and approved work
plan to the participating agency.
(d) The work plan and formal
grant agreement must be approved by the governing body of the participating agency and the signed documents
returned to ODEM by a date set by ODEM.
(e) Each participating
agency must submit quarterly program reports detailing its accomplishment of work plan objectives. When
completion of an objective produces a tangible product (e.g., a plan, annex, analysis, etc.) a copy of the
product must be submitted to ODEM with the corresponding quarterly program report. Quarterly program reports
must be received by ODEM within 15 days of the close of each fiscal year quarter. If the fifteenth day falls
on a weekend or legal holiday, program reports must arrive no later than the next working day.
(A) Annual Programmatic Reporting Deadlines:
(B) October 15;
(C) January
15;
(D) April 15;
(E)
July 15.
(f) Each participating agency must submit
monthly or quarterly fiscal reports detailing the costs for which it is seeking reimbursement and providing
the appropriate cost documentation. Monthly fiscal reports must be received by ODEM within 30 days of the end
of each month. Quarterly fiscal reports must be received by ODEM within 30 days of the end of each fiscal
year quarter. If the thirtieth day falls on a weekend or legal holiday, fiscal reports must arrive no later
than the next working day.
(A) Annual Fiscal Reporting Deadlines:
(B) October 30;
(C) January
31;
(D) April 30;
(E)
July 30.
(8) Penalties:
(a) Failure to meet the requirements spelled out in the annual work plan,
whether determined by review of program and fiscal reports or through an audit, may result in no funding for
the next fiscal year, forfeiture of grants funds already received for the year covered by the work plan,
non-reimbursement of outstanding requested expenditures, or any combination thereof.
(b) Failure to submit program or fiscal reports by the prescribed reporting
deadlines may result in program suspension.
(9)
Reinstatement:
(a) Upon receipt of a late program or fiscal report from a
suspended agency, the ODEM Director may reinstate the agency if it satisfactorily demonstrates its desire,
commitment, and ability to continue in the program.
(b) When an
agency's participation is reinstated, the agency's funding allocation will be reduced for each day the
program or fiscal report was late. The reduction will be in an amount equal to one day's allocation (1/365)
multiplied by the number of days the report was late.
(c) If the
reinstated agency satisfactorily demonstrates to the ODEM Director that the lateness of the report causing
its suspension was due to circumstances beyond the control of the agency's emergency program manager, the
ODEM Director may waive all or a portion of the late penalty.
Publications: Publications referenced are available from the
agency.
Statutory/Other Authority: ORS 401.092
Statutes/Other Implemented: ORS
401.096
