PART 400—911 GRANT PROGRAM Authority: 47 U.S.C. 942. Source: 83 FR 38059, Aug. 3, 2018, unless otherwise noted. § 400.1 Purpose. This part establishes uniform application, approval, award, financial and administrative requirements for the grant program authorized under the “Ensuring Needed Help Arrives Near Callers Employing 911 Act of 2004” (ENHANCE 911 Act), as amended by the “Next Generation 911 Advancement Act of 2012” (NG911 Advancement Act). § 400.2 Definitions. As used in this part— 911 Coordinator 911 services Administrator Assistant Secretary Designated 911 charges E-911 services Emergency call (1) Through voice, text, or video and related data; and (2) Nonhuman-initiated automatic event alerts, such as alarms, telematics, or sensor data, which may also include real-time voice, text, or video communications. ICO Integrated telecommunications services IP-enabled emergency network or IP-enabled emergency system Next Generation 911 services (1) Provides standardized interfaces from emergency call and message services to support emergency communications; (2) Processes all types of emergency calls, including voice, data, and multimedia information; (3) Acquires and integrates additional emergency call data useful to call routing and handling; (4) Delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities; (5) Supports data or video communications needs for coordinated incident response and management; and (6) Provides broadband service to public safety answering points or other first responder entities. PSAP State Tribal Organization § 400.3 Who may apply. In order to apply for a grant under this part, an applicant must be a State or Tribal Organization as defined in § 400.2. § 400.4 Application requirements. (a) Contents for a State application. (1) State 911 plan. (i) Details the projects and activities proposed to be funded for: (A) The implementation and operation of 911 services, E-911 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 911 services and applications; (B) The implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and (C) Training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services. (ii) Establishes metrics and a time table for grant implementation; and (iii) Describes the steps the applicant has taken to— (A) Coordinate its application with local governments, Tribal Organizations, and PSAPs within the State; (B) Ensure that at least 90 percent of the grant funds will be used for the direct benefit of PSAPs and not more than 10 percent of the grant funds will be used for the applicant's administrative expenses related to the 911 Grant Program; and (C) Involve integrated telecommunications services in the implementation and delivery of 911 services, E-911 services, and Next Generation 911 services. (2) Project budget. (i) Demonstrate that the project or activity meets the eligible use requirement in § 400.7; and (ii) Identify the non-Federal sources, which meet the requirements of 2 CFR 200.306, that will fund at least 40 percent of the cost; except that as provided in 48 U.S.C. 1469a, the requirement for non-Federal matching funds (including in-kind contributions) is waived for American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands for grant amounts up to $200,000. (3) Supplemental project budget. (4) Designated 911 Coordinator. (5) Certifications. (b) Contents for a Tribal Organization application. (1) Tribal Organization 911 Plan. A plan that— (i) Details the projects and activities proposed to be funded for: (A) The implementation and operation of 911 services, E-911 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 911 services and applications; (B) The implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and (C) Training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services. (ii) Establishes metrics and a time table for grant implementation; and (iii) Describes the steps the applicant has taken to— (A) Coordinate its application with PSAPs within the Tribal Organization's jurisdiction; (B) Ensure that at least 90 percent of the grant funds will be used for the direct benefit of PSAPs and not more than 10 percent of the grant funds will be used for the applicant's administrative expenses related to the 911 Grant Program; and (C) Involve integrated telecommunications services in the implementation and delivery of 911 services, E-911 services, and Next Generation 911 services. (2) Project budget. (i) Demonstrate that the project or activity meets the eligible use requirement in § 400.7; and (ii) Identify the allowable sources, which meet the requirements of 2 CFR 200.306, that will fund at least 40 percent of the cost. (3) Supplemental project budget. (4) Designated 911 Coordinator. (ii) Responsible Tribal Organization Official. (5) Certifications. (c) Due dates Initial application deadline. (2) Final application deadline. [83 FR 38059, Aug. 3, 2018, as amended at 83 FR 40156, Aug. 14, 2018] § 400.5 Approval and award. (a) The ICO will review each application for compliance with the requirements of this part. (b) The ICO may request additional information from the applicant, with respect to any of the application submission requirements of § 400.4, prior to making a recommendation for an award. Failure to submit such additional information may preclude the applicant from further consideration for award. (c) The Administrator and Assistant Secretary will jointly approve and announce, in writing, grant awards to qualifying applicants. § 400.6 Distribution of grant funds. (a) Funding allocation. (1) Grant funds for each State that meets the certification requirements set forth in § 400.4 will be allocated— (i) 50 percent in the ratio which the population of the State bears to the total population of all the States, as shown by the latest available Federal census; and (ii) 50 percent in the ratio which the public road mileage in each State bears to the total public road mileage in all States, as shown by the latest available Federal Highway Administration data. (2) Grant funds for each Tribal Organization that meets the certification requirements set forth in § 400.4 will be allocated— (i) 50 percent in the ratio to which the population of the Tribal Organization bears to the total population of all Tribal Organizations, as determined by the most recent population data on American Indian/Alaska Native Reservation of Statistical Area; and (ii) 50 percent in the ratio which the public road mileage in each Tribal Organization bears to the total public road mileage in tribal areas, using the most recent national tribal transportation facility inventory data. (3) Supplemental project budgets. (b)(1) Minimum distribution. (2) Tribal Organization set-aside. (c) Additional notices of funding opportunity. [83 FR 38059, Aug. 3, 2018, as amended at 83 FR 40156, Aug. 14, 2018] § 400.7 Eligible uses for grant funds. Grant funds awarded under this part may be used only for: (a) The implementation and operation of 911 services, E-911 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 911 services and applications; (b) The implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and (c) 911-related training of public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services. § 400.8 Continuing compliance. (a) A grant recipient must submit on an annual basis 30 days after the end of each fiscal year during which grant funds are available, the certification set forth in Appendix C of this part if a State, or Appendix D of this part if a Tribal Organization, making the same certification concerning the diversion of designated 911 charges. (b) In accordance with 47 U.S.C. 942(c), where a recipient knowingly provides false or inaccurate information in its certification related to the diversion of designated 911 charges, the recipient shall— (1) Not be eligible to receive the grant under this part; (2) Return any grant awarded under this part during the time that the certification was not valid; and (3) Not be eligible to receive any subsequent grants under this part. § 400.9 Financial and administrative requirements. (a) General. (b) Reporting requirements Performance reports. (2) Financial reports. § 400.10 Closeout. (a) Expiration of the right to incur costs. (b) Final submissions. (1) A final voucher for the costs incurred. The final voucher constitutes the final financial reconciliation for the grant award. (2) A final report to NHTSA, following the procedures of 2 CFR 200.343(a). (c) Disposition of unexpended balances. § 400.11 Waiver authority. It is the general intent of the ICO not to waive any of the provisions set forth in this part. However, under extraordinary circumstances and when it is in the best interest of the federal government, the ICO, upon its own initiative or when requested, may waive the provisions in this part. Waivers may only be granted for requirements that are discretionary and not mandated by statute or other applicable law. Any request for a waiver must set forth the extraordinary circumstances for the request.