§  400.4   Application requirements.

   (a) Contents. A State's application for funds for the E-911 grant
   program must consist of the following components:

   (1) State 911 Plan. A plan that details the projects and activities
   proposed to be funded for the implementation and operation of Phase II
   E-911 services or migration to an IP-enabled emergency network,
   establishes metrics and a time table for grant implementation, and
   describes the steps the State has taken to--

   (i) Coordinate its application with local governments, tribal
   organizations, and PSAPs within the State;

   (ii) 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 State's administrative expenses
   related to the E-911 grant program;

   (iii) Give priority to communities without 911 capability as of August
   3, 2007 to establish Phase II coverage by identifying the percentage of
   grant funds designated for those communities or provide an explanation
   why such designation would not be practicable in successfully
   accomplishing the purposes of the grant;

   (iv) Involve integrated telecommunications services in the
   implementation and delivery of Phase II E-911 services or for migration
   to an IP-enabled emergency network; and

   (v) Employ the use of technologies to achieve compliance with Phase II
   E-911 services or for migration to an IP-enabled emergency network.

   (2) Project budget. A project budget for all proposed projects and
   activities to be funded by the grant funds identified for the State in
   Appendix A and matching funds. Specifically, for each project or
   activity, the State 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
   49 CFR 18.24, that will fund at least 50 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 meet the qualification
   requirements for the initial distribution of E-911 grant funds 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 49 CFR 18.24, 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 E-911 Coordinator. The identification of a single
   officer or government body to serve as the E-911 Coordinator of
   implementation of E-911 services and to sign the certifications
   required under this part. If the State has established by law or
   regulation an office or coordinator with the authority to manage E-911
   services, that office or coordinator must be identified as the
   designated E-911 Coordinator and apply for the grant on behalf of the
   State. If the State 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 E-911 Coordinator in order to qualify
   for an E-911 grant. If the designated E-911 Coordinator is a
   governmental body, an official representative of the governmental body
   shall be identified to sign the certifications for the E-911
   Coordinator. The State must notify NHTSA in writing within 30 days of
   any change in appointment of the E-911 Coordinator.

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

   (ii) Submitted on an annual basis 30 days after the end of each fiscal
   year during which grant funds are available, the certification in
   Appendix C to this part, signed by the E-911 Coordinator, making the
   same certification as required under paragraph (a)(5)(i) of this
   section concerning the diversion of designated E-911 charges.

   (b) Due date. The State must submit the application documents
   identified in this section so that they are received by the ICO no
   later than August 4, 2009. Failure to meet this deadline will preclude
   the State from receiving consideration for an E-911 grant award.