(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.