§  400.4   Application requirements.

   (a) Contents for a State application. An application for funds for the
   911 Grant Program from a State must consist of the following
   components:

   (1) State 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 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. A project budget for all proposed projects and
   activities to be funded by the grant funds. Specifically, for each
   project or activity, the applicant must:

   (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. States that qualify for a grant under
   the program may also qualify for additional grant funds that may become
   available. To be eligible for any such additional grant funds that may
   become available in accordance with § 400.6, a State must submit, with
   its application, a supplemental project budget that identifies the
   maximum dollar amount the State is able to match from non-Federal
   sources meeting the requirements of 2 CFR 200.306, and includes
   projects or activities for those grant and matching amounts, up to the
   total amount in the project budget submitted under paragraph (a)(2) of
   this section. This information must be provided to the same level of
   detail as required under paragraph (a)(2) of this section and be
   consistent with the State 911 Plan required under paragraph (a)(1) of
   this section.

   (4) Designated 911 Coordinator. The identification of a single officer
   or government body to serve as the 911 Coordinator of implementation of
   911 services and to sign the certifications required under this part.
   Such designation need not vest such coordinator with legal authority to
   implement 911 services, E-911 services, or Next Generation 911 services
   or to manage emergency communications operations. If a State applicant
   has established by law or regulation an office or coordinator with the
   authority to manage 911 services, that office or coordinator must be
   identified as the designated 911 Coordinator and apply for the grant on
   behalf of the State. If a State applicant does not have such an office
   or coordinator established, the Governor of the State must appoint a
   single officer or governmental body to serve as the 911 Coordinator in
   order to qualify for a 911 grant. If the designated 911 Coordinator is
   a governmental body, an official representative of the governmental
   body shall be identified to sign the certifications for the 911
   Coordinator. The State must notify NHTSA in writing within 30 days of
   any change in appointment of the 911 Coordinator.

   (5) Certifications. The certification in Appendix A of this part,
   signed by the 911 Coordinator, certifying that the applicant has
   complied with the required statutory and programmatic conditions in
   submitting its application. The applicant must certify that during the
   time period 180 days immediately preceding the date of the initial
   application, the State has not diverted any portion of designated 911
   charges imposed by the State for any purpose other than the purposes
   for which such charges are designated or presented, that no taxing
   jurisdiction in the State that will be a recipient of 911 grant funds
   has diverted any portion of designated 911 charges imposed by the
   taxing jurisdiction for any purpose other than the purposes for which
   such charges are designated or presented, and that, continuing through
   the time period during which grant funds are available, neither the
   State nor any taxing jurisdiction in the State that is a recipient of
   911 grant funds will divert designated 911 charges for any purpose
   other than the purposes for which such charges are designated or
   presented.

   (b) Contents for a Tribal Organization application. An application for
   funds for the 911 Grant Program from a Tribal Organization must consist
   of the following components:

   (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. A project budget for all proposed projects and
   activities to be funded by the grant funds. Specifically, for each
   project or activity, the applicant must:

   (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. Tribal Organizations that qualify for
   a grant under the program may also qualify for additional grant funds
   that may become available. To be eligible for any such additional grant
   funds that may become available in accordance with § 400.6, a Tribal
   Organization must submit, with its application, a supplemental project
   budget that identifies the maximum dollar amount the Tribal
   Organization is able to match from allowable sources meeting the
   requirements of 2 CFR 200.306, and includes projects or activities for
   those grant and matching amounts, up to the total amount in the project
   budget submitted under paragraph (b)(2) of this section. This
   information must be provided to the same level of detail as required
   under paragraph (b)(2) of this section and be consistent with the
   Tribal Organization 911 Plan required under paragraph (b)(1) of this
   section.

   (4) Designated 911 Coordinator. (i) Written identification of the
   single State officer or government body serving as the 911 Coordinator
   of implementation of 911 services in the State (or States) in which the
   Tribal Organization is located. If a State has not designated an
   officer or government body to coordinate such services, the Governor of
   the State must appoint a single officer or governmental body to serve
   as the 911 Coordinator in order for the Tribal Organization to qualify
   for a 911 grant. The Tribal Organization must notify NHTSA in writing
   within 30 days of any change in appointment of the 911 Coordinator.

   (ii) Responsible Tribal Organization Official. Written identification
   of the official responsible for executing the grant agreement and
   signing the required certifications on behalf of the Tribal
   Organization.

   (5) Certifications. The certification in Appendix B of this part,
   signed by the responsible official of the Tribal Organization,
   certifying that the applicant has complied with the required statutory
   and programmatic conditions in submitting its application. The
   applicant must certify that during the time period 180 days immediately
   preceding the date of the initial application, the taxing jurisdiction
   (or jurisdictions) within which the applicant is located has not
   diverted any portion of designated 911 charges imposed by the taxing
   jurisdiction (or jurisdictions) within which the applicant is located
   for any purpose other than the purposes for which such charges are
   designated or presented and that, continuing through the time period
   during which grant funds are available, the taxing jurisdiction (or
   jurisdictions) within which the applicant is located will not divert
   designated 911 charges for any purpose other than the purposes for
   which such charges are designated or presented.

   (c) Due dates—(1) Initial application deadline. The applicant must
   submit the certification set forth in Appendix A of this part if a
   State, or Appendix B of this part if a Tribal Organization, no later
   than the initial application deadline published in the Notice of
   Funding Opportunity. Failure to meet this deadline will preclude the
   applicant from receiving consideration for a 911 grant award.

   (2) Final application deadline. After publication of the funding
   allocation for the 911 Grant Program in a revision to the Funding
   Opportunity, applicants that have complied with paragraph (c)(1) of
   this section will be given additional time in which to submit remaining
   application documents in compliance with this section, including a
   supplemental project budget. The revision to the Notice of Funding
   Opportunity will provide such deadline information. Failure to meet
   this deadline will preclude the applicant from receiving consideration
   for a 911 grant award.

   [ 83 FR 38059 , Aug. 3, 2018, as amended at  83 FR 40156 , Aug. 14, 2018]