C.F.R. » Title 44 » CHAPTER I—FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER D—DISASTER ASSISTANCE › PART 206—FEDERAL DISASTER ASSISTANCE › Subpart B—The Declaration Process

44 C.F.R. § 206.44

FEMA-State Agreements

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(a) General. Upon the declaration of a major disaster or an emergency, the Governor, acting for the State, and the FEMA Regional Administrator or his/her designee, acting for the Federal Government, shall execute a FEMA-State Agreement. The FEMA-State Agreement states the understandings, commitments, and conditions for assistance under which FEMA disaster assistance shall be provided. This Agreement imposes binding obligations on FEMA, States, their local governments, and private nonprofit organizations within the States in the form of conditions for assistance which are legally enforceable. No FEMA funding will be authorized or provided to any grantees or other recipients, nor will direct Federal assistance be authorized by mission assignment, until such time as this Agreement for the Presidential declaration has been signed, except where it is deemed necessary by the Regional Administrator to begin the process of providing essential emergency services or housing assistance under the Individuals and Households Program.

(b) Terms and conditions. This Agreement describes the incident and the incident period for which assistance will be made available, the type and extent of the Federal assistance to be made available, and contains the commitment of the State and local government(s) with respect to the amount of funds to be expended in alleviating damage and suffering caused by the major disaster or emergency. The Agreement also contains such other terms and conditions consistent with the declaration and the provisions of applicable laws, Executive Order and regulations.

(c) Provisions for modification. In the event that the conditions stipulated in the original Agreement are changed or modified, such changes will be reflected in properly executed amendments to the Agreement, which may be signed by the GAR and the Regional Administrator or his/her designee for the specified major disaster or emergency. Amendments most often occur to close or amend the incident period, to add forms of assistance not originally authorized, or to designate additional areas eligible for assistance.

(d) In a modified declaration for a Federal emergency, a FEMA-State Agreement may or may not be required based on the type of assistance being provided.

[55 FR 2292, Jan. 23, 1990, as amended at 67 FR 61460, Sept. 30, 2002]
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1998–2025 · leading case: Columbus Regional Hospital v. United States
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Columbus Regional Hospital v. United States (2021) cafc · cites it 4× “” 44 C.F.R. § 206.44 (a). That regulation is incorporated by reference in the FEMA- 2 Contrary to the government’s suggestion that the Court of Claims in State of Texas “simply accepted [the] premise” that the agreement was a contract (Appellee’s Br.”
Graham v. Federal Emergency Management Agency (1998) ca9 “The agreement between the FSM and FEMA was made pursuant to 44 C.F.R. § 206.44 , and "imposes binding obligations” on the FSM with regard to its receipt of funds for "damage resulting from Typhoon Owen.”
Columbus Regional Hospital v. United States (2019) uscfc · cites it 6× “§ 5172 (a); 44 C.F.R. § 206.44 (a); see also 73 Fed. Reg.”
REBUILD NORTHWEST FLORIDA INC v. FEDERAL EMERGENCY MANAGEMENT AGENCY (2019) flnd · cites it 2× “1-1, 1-2, 1-3, 1-4 (Exhibits A, B, C, D); see also 44 C.F.R. §§ 206.44 (a), 206.430, et seq.”
Imaginarium, LLC v. United States (2023) uscfc “3d at 1339 (citing 44 C.F.R. § 206.44 (a)). The regulations in Columbus Regional Hospital indicated, through express terms, that the government intended to enter binding contracts.”
Urban Sustainability Directors Network v. United States Department of Agriculture (2025) dcd “at 1339 (quoting 44 C.F.R. § 206.44 (a)). With respect to consideration, the court cited the grant’s imposition of obligations on Indiana, not as traditional conditions of compliance for receiving federal funds, but as obligations conferring a direct benefit to FEMA.”
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