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(1) The emergency or disaster must be the result of hostile attacks, riots, or insurrections; epidemics of disease; plagues of insects; fires; floods; or other acts of God.

(2) The emergency or disaster must result in damage or disaster to the works, buildings, or property of the state or any political subdivision thereof or menace the health, welfare, safety, lives, or property of a considerable number of persons in a county or community of the state.

(1) Expenditures from the emergency and disaster fund shall be made only when the emergency or disaster justifies the expenditure and is declared an emergency or disaster by executive order of the governor.

(2) The responsible governmental entity must demonstrate that:

(a) all available emergency levies will be exhausted;

(b) the emergency is beyond the financial capability of the responsible governmental entity.

(3) The county disaster committee must determine that an emergency exists and the board of county commissioners or the city, council must levy an emergency millage as provided in 10-3-405, MCA.

(1) The financial capability of a responsible governmental entity shall be determined as follows:

(a) The board or council shall estimate the total expenditure necessary to respond to the emergency. These are preliminary estimates based on the best information available in an emergency situation and will be subject to revision when a more complete appraisal is made.

(b) Estimates should be limited to those costs that cannot be absorbed in the normal operations and should be grouped as follows:

(i) debris clearance;

(ii) protective measures;

(iii) damages to road systems;

(iv) damages to water control facilities;

(v) damages to public buildings and related equipment;

(vi) damages to public utilities;

(vii) damages to public facilities under construction;

(viii) other miscellaneous damages.

(2) The financial resources available to the entity shall include the maximum permissive levy for the fund or account financing the governmental function that is obligated to respond to the emergency. The estimated funds available for the emergency shall be calculated as follows:

Cash balance including reserves

as of June 30, 19__ $

Receipts from two mill emergency

levy

Receipts from maximum permissive

levy and other anticipated

revenues

SUB TOTAL $

Less regular operating budget

including reserve budgeted for

current year per . 7-6-2319, MCA

BALANCE AVAILABLE TO RESPOND

TO EMERGENCY $

(1) If the total estimated expenditures necessary to respond to the emergency are greater than the estimated resources available for the emergency, the board or council may request the governor to declare an emergency and to initiate action to provide state financial assistance in accordance with such declaration. The application should be made on the following form: The Honorable Ted Schwinden

Governor of Montana

State Capitol

Helena, Montana 59620

Dear Governor Schwinden:

Pursuant to our authority as__________________________________________________

of________________________________________________, Montana, we request that an emergency be declared immediately to provide supplemental disaster relief in accordance with the provisions of Title 10, chapter 3, part 3, MCA.

1. SITUATION

A. (Date and description of conditions causing

disaster)

B. (Description of damages to public sector)

C. (Description of damages to private sector)

D. (Description of economic impact)

2. OFFICIAL ACTION

A. The County Disaster Committee has determined by

a majority vote that an emergency does exist.

Attached is a copy of the signed resolution.

B. This __________________________has levied the

emergency two mill levy authorized by Section

10-3-405, MCA. (Attach copy of resolution

imposing the levy.)

C. (Other action taken)

3. DAMAGE ESTIMATES

A. Debris Clearance $

B. Protective Measures

C. Road Systems

D. Water Control Facilities

E. Public Buildings and Related

Equipment

F. Public Utilities

G. Public Facilities Under

Construction

H. Other Damages (Not in Above

Categories)

TOTAL ESTIMATED DAMAGES $

4. LOCAL RESOURCES

Names of funds or accounts involved:

ESTIMATED

Cash balance including reserves as of

June 30, 19 $

Receipts from two mill emergency levy

Receipts from maximum permissive levy

and other anticipated revenues

SUB TOTAL $

Less regular operating budget including

reserve budgeted for year per Sec.

7-6-2319, MCA.

BALANCE AVAILABLE TO RESPOND TO

EMERGENCY $

5. ASSISTANCE REQUIRED

Total damage estimate (from No. 3) $

Less estimated resources available

from No. 4)

ESTIMATED ASSISTANCE REQUIRED $

Date

(Title of Board or Council)

By:

Chairman

Member

(1) The emergency or disaster must be declared by the President of the United States under current applicable federal law.

(2) In order to qualify for state assistance in a federal assistance program, a political subdivision must declare the emergency or disaster as provided in sections 10-3-402, 10-3-403, and 10-3-404, MCA.

(3) Cost sharing (the state/local commitment) for reimbursable costs will be based on the conditions established in the applicable FEMA/State Agreement.

(4) Costs will be eligible for reimbursement in accordance with current federal law pertaining to publicly owned and maintained facilities.

(5) The state will provide financial assistance to a political subdivision to help it in meeting the necessary state/local commitment when the necessary state/local commitment exceeds the amount of the political subdivision's local share as determined by application of the formula established in ARM 34.3.202. The political subdivision shall be responsible for the state/local commitment up to the amount of the local share as determined by ARM 34.3.202.

(6) If the state's share of the state/local commitment for all eligible applicants exceeds funds available under section 10-3-312, MCA, the state's share to each eligible applicant shall be reduced on a pro-rate basis. If the Montana legislature does not appropriate additional funds in the next regularly scheduled session, after disbursements under these rules, to cover the difference between the state's prorated share and the share it would otherwise pay if funds were sufficient, the obligation for the remaining portion of the state/local commitment is the responsibility of the political subdivision.

(7) For purposes of this chapter, irrigation districts are political subdivisions; other special districts may apply to the Department of Military Affairs, Disaster and Emergency Services Division, for a determination as to their eligibility under these rules.

(1) As used in this sub-chapter, the following definitions apply:

(a) "State/local commitment" means the portion of reim- bursable costs which the state and its political subdivisions must meet in order to qualify for federal assistance in a presidentially declared disaster. The state/local commitment will be figured for each eligible applicant based on its reimbursable costs.

(b) "Local share" means the share of the state/local commitment which is the responsibility of each county, city, or town, up to the amount of the proceeds of its two mill emergency levy provided for in section 10-3-4615, MCA, or such lesser amount which equals the state/local commitment.

(c) "Total local share" means the sum of the local share of all counties, cities, and towns in the declared disaster area.

(d) "State share" means the share of the state/local commitment which is the responsibility of the state and which is the remainder of the state/local commitment less the local share.

(2) The local share of other political subdivisions, which do not have authority to levy an emergency tax, shall be determined as follows:

(a) by dividing the total local share of all counties, cities, and towns in the declared area by the total state/local commitment for those counties, cities and towns, and multiplying that percentage factor by the state/local commitment for that particular political subdivision.

total local share state/local

of counties, cities, commitment for "other political

and towns x that "other = subdivision's"

total state/local political sub- local share

commitment for division"

counties, cities,

and towns.

(b) If there are less than a total of five (5) eligible counties, cities, or towns in the declared disaster area, the percentage factor to be used in the above formula shall be determined from the last previously presidentially declared disaster in the state of Montana.