• Eliminates or lessens immediate threats to live, public health or safety; or
• Eliminates or lessens immediate threats of significant additional damage to improved public property
• Eliminates or lessens immediate threats of significant additional cost effective damage to private property
• FEMA generally requires certification by local State, and/or Federal officials that a threat exists, including local/state emergency declarations for emergency work necessary to cope with the threat.
• Measure must have been performed within designated area, except evacuation/sheltering.
• Work must be the legal responsibility of the applicant
• Salvage value or insurance proceeds must be deducted.

206.225 Emergency work.

(a)     General.

(1)     Emergency protective measures to save lives, to protect public health and safety, and to protect improved property are eligible.

(2)     In determining whether emergency work is required, the Regional Administrator may require certification by local State, and/orFederal officials that a threat exists, including identification and evaluation of the threat and recommendations of the emergency work necessary to cope with the threat.

(3)     In order to be eligible, emergency protective measures must:

(i)      Eliminate or lessen immediate threats to live, public health or safety; or

(ii)     Eliminate or lessen immediate threats of significant additional damage to improved public or private property throughmeasures which are cost effective.

(b)     Emergency access. An access facility that is not publicly owned or is not the direct responsibility of an eligible applicant for repair or maintenance may be eligible for emergency repairs or replacement provided that emergency repair or replacement of the facility economically eliminates the need for temporary housing. The work will be limited to that necessary for the access to remain passable through events which can be considered an immediate threat. The work must be performed by an eligible applicant and will be subject to cost sharing requirements.

(c)     Emergency communications. Emergency communications necessary for the purpose of carrying out disaster relief functions may be established and may be made available to State and local government officials as deemed appropriate. Such communications are intended to supplement but not replace normal communications that remain operable after a major disaster. FEMA funding for such communications will be discontinued as soon as the needs have been met.

(d)     Emergency public transportation. Emergency public transportation to meet emergency needs and to provide transportation to public places and such other places as necessary for the community to resume its normal pattern of life as soon as possible is eligible. Such transportation is intended to supplement but not replace predisaster transportation facilities that remain operable after a major disaster. FEMA funding for such transportation will be discontinued as soon as the needs have been met.

• Eliminate an immediate threat to lives or public health and safety
• Eliminate immediate threats of significant damage to improved public property
• Eliminate immediate threats of significant damage to private property when measures are cost effective
• Ensure the economic recovery of the affected community to the benefit of the community-at-large
• Mitigate the risk to life and property by removing substantially damaged structures
• Work must have been performed within designated area.
• Work must be the legal responsibility of the applicant.
• Work must not fall under the responsibility of any Other Federal Agency (OFA).
• Salvage value or insurance proceeds must be deducted.
• Must comply with all local and environmental staging and disposal requirements

44 CFR 206.224 Debris removal.

(a)     Public interest. Upon determination that debris removal is in the public interest, the Regional Administrator may provide assistance for the removal of debris and wreckage from publicly and privately owned lands and waters. Such removal is in the public interest when it is necessary to:

(1)     Eliminate immediate threats to life, public health, and safety; or

(2)     Eliminate immediate threats of significant damage to improved public or private property; or

(3)     Ensure economic recovery of the affected community to the benefit of the community-at-large; or

(4)     Mitigate the risk to life and property by removing substantially damaged structures and associated appurtenances as needed toconvert property acquired through a FEMA hazard mitigation program to uses compatible with open space, recreation, or wetlands management practices. Such removal must be completed within two years of the declaration date, unless the Assistant Administrator for the Disaster Assistance Directorate extends this period.

(b)     Debris removal from private property. When it is in the public interest for an eligible applicant to remove debris from private property in urban, suburban and rural areas, including large lots, clearance of the living, recreational and working area is eligible except those areas used for crops and livestock or unused areas.

(c)     Assistance to individuals and private organizations. No assistance will be provided directly to an individual or private organization, or to an eligible applicant for reimbursement of an individual or private organization, for the cost of removing debris from their own property. Exceptions to this are those private nonprofit organizations operating eligible facilities.

• Damages must have incurred during eligible incident period
• Damages occurred at a facility in active use unless otherwise approved
• Restoration will only be eligible to the extent necessary to restore the immediate predisaster alternate purpose
• No other Federal agency has specific authority to restore facilities damaged by declared major disasters.
• Repair or replacement work that changes predisaster construction of facility must be pre-approved
• Increased current operating expenses or replacement of lost revenues are not eligible
• Salvage value or insurance proceeds must be deducted.

206.226 Restoration of damaged facilities.

Work to restore eligible facilities on the basis of the design of such facilities as they existed immediately prior to the disaster and in conformity with the following is eligible:

(c)     Private nonprofit facilities. Eligible private nonprofit facilities may receive funding under the following conditions:

(1)     The facility provides critical services, which include power, water (including water provided by an irrigation organization or facility inaccordance with § 206.221(e)(3)), sewer services, wastewater treatment, communications, emergency medical care, fire department services, emergency rescue, and nursing homes; or

(2)     The private nonprofit organization not falling within the criteria of § 206.226(c)(1) has applied for a disaster loan under section 7(b) of the Small Business Act (15 U.S.C.636(b)) and

(i)      The Small Business Administration has declined the organization's application; or

(ii)     Has eligible damages greater than the maximum amount of the loan for which it is eligible, in which case the excess damagesare eligible for FEMA assistance.

(d)     Standards. For the costs of Federal, State, and local repair or replacement standards which change the predisaster construction of facility to be eligible, the standards must:

(1)     Apply to the type of repair or restoration required;

(Standards may be different for new construction and repair work)

(2)     Be appropriate to the predisaster use of the facility;

(3)

(i)      Be found reasonable, in writing, and formally adopted and implemented by the State or local government on or before thedisaster declaration date or be a legal Federal requirement applicable to the type of restoration.

(ii)     This paragraph (d) applies to local governments on January 1, 1999 and to States on January 1, 2000. Until the respective applicability dates, the standards must be in writing and formally adopted by the applicant prior to project approval or be a legal Federal or State requirement applicable to the type of restoration.

(4)     Apply uniformly to all similar types of facilities within the jurisdiction of owner of the facility; and

(5)     For any standard in effect at the time of a disaster, it must have been enforced during the time it was in effect.

(e)     Hazard mitigation. In approving grant assistance for restoration of facilities, the Regional Administrator may require cost effective hazard mitigation measures not required by applicable standards. The cost of any requirements for hazard mitigation placed on restoration projects by FEMA will be an eligible cost for FEMA assistance.

(f)      Repair vs. replacement.

(1)     A facility is considered repairable when disaster damages do not exceed 50 percent of the cost of replacing a facility to itspredisaster condition, and it is feasible to repair the facility so that it can perform the function for which it was being used as well as it did immediately prior to the disaster.

(2)     If a damaged facility is not repairable in accordance with paragraph (f)(1) of this section, approved restorative work may include replacement of the facility. The applicant may elect to perform repairs to the facility, in lieu of replacement, if such work is in conformity with applicable standards. However, eligible costs shall be limited to the less expensive of repairs or replacement.

(3)     An exception to the limitation in paragraph (d)(2) of this section may be allowed for facilities eligible for or on the National Register of Historic Properties. If an applicable standard requires repair in a certain manner, costs associated with that standard will be eligible.

(g)     Relocation.

(1)     The Regional Administrator may approve funding for and require restoration of a destroyed facility at a new location when:

(i)      The facility is and will be subject to repetitive heavy damage;(ii) The approval is not barred by other provisions of title 44 CFR; and

(iii) The overall project, including all costs, is cost effective.

(2)     When relocation is required by the Regional Administrator, eligible work includes land acquisition and ancillary facilities such asroads and utilities, in addition to work normally eligible as part of a facility reconstruction. Demolition and removal of the old facility is also an eligible cost.

(3)     When relocation is required by the Regional Administrator, no future funding for repair or replacement of a facility at the original sitewill be approved, except those facilities which facilitate an open space use in accordance with 44 CFR part 9.

(4)     When relocation is required by the Regional Administrator, and, instead of relocation, the applicant requests approval of analternate project [see § 206.203(d)(2)], eligible costs will be limited to 90 percent of the estimate of restoration at the original location excluding hazard mitigation measures.

(5)     If relocation of a facility is not feasible or cost effective, the Regional Administrator shall disapprove Federal funding for the originallocation when he/she determines in accordance with 44 CFR parts 9, 10, 201, or subpart M of this part 206, that restoration in the original location is not allowed. In such cases, an alternative project may be applied for.

(k)     Restrictions -

(1)     Alternative use facilities. If a facility was being used for purposes other than those for which it was designed, restoration will only be eligible to the extent necessary to restore the immediate predisaster alternate purpose.

(2)     Inactive facilities. Facilities that were not in active use at the time of the disaster are not eligible except in those instances where the facilities were only temporarily inoperative for repairs or remodeling, or where active use by the applicant was firmly established in an approved budget or the owner can demonstrate to FEMA's satisfaction an intent to begin use within a reasonable time.

Permanent Work is that which is required to restore a damaged facility, through repair or restoration, to its pre-disaster design, function, and capacity in accordance with applicable codes and standards. The work is grouped into categories of work.

There are three basic criteria for permanent work:

Design: FEMA provides funds to restore a facility to its pre-disaster design or to a design in accordance with an applicable standard. If a gravel road is washed out during a flood, FEMA cannot provide a grant to replace the gravel with a paved surface.

Function: The facility must perform the same function that it was performing (or designed to perform, if less costly) before the disaster. For example, a school gymnasium is in need of repair after an earthquake. The school district proposes to convert the space into a two-story office complex. Only the repairs to the gym are eligible. FEMA cannot provide a grant for the conversion to office space, except as an alternate project.

Capacity: The restored facility must operate at the capacity available before the disaster. For example, a school designed for 100 students is damaged beyond repair during a hurricane. The eligible replacement facility must be designed for no more than 100 students. FEMA will not reimburse for the cost to build a larger school required due to a greater service area or over-utilization of space. If code dictates a larger area per unit of capacity (e.g., greater square footage per student), only then will FEMA pay to increase the size of the building. A large school with greater student capacity could be requested as an improved project.

FEMA may make exceptions to these criteria for Alternate and Improved Projects (see Alternate Projects and Improved Projects).

Allowable costs must be:

• Reasonable and necessary to accomplish the work;
• In compliance with federal, state, and local requirements for competitive procurement;
• Reduced by applicable credits, such as anticipated insurance proceeds and salvage values.
  
  

Whether a cost is reasonable can be established through a competitive procurement process, as well as through:

• The use of historical documentation for similar work;
• Average costs for similar work in the area;
• Published unit costs from national cost estimating databases; and
• FEMA cost codes, equipment rates, and engineering and design services curves.
• Contracts awarded for the performance of eligible work must all meet the test of reasonableness;

FEMA will make the final determination as to the reasonableness of cost.

• - Costs must meet certain criteria to be eligible for reimbursement.
• - Applicants must retain records for 3 years from the date of final expenditure.
• - Eligibility requirements for costs include being directly tied to eligible work, adequately documented, reduced by applicable credits, authorized and not prohibited by laws or regulations, consistent with applicant's internal policies, and necessary and reasonable.
• - Reasonable costs are determined based on various factors such as type of work, skill level and level of effort, sound business practices, prudence under the circumstances, and compliance with procurement requirements.
• - FEMA conducts a reasonable cost analysis for projects completed with contracted resources or the applicant's own resources (force account).
• - FEMA evaluates reasonableness based on factors such as type of cost, comparison to market prices, historical documentation, average costs in the area, and industry cost estimating resources.
• - If costs claimed are deemed unreasonable, FEMA may disallow all or part of the costs.
• - Factors such as shortages, project complexities, economy of scale, and extraordinary labor costs may cause escalation in costs.

44 CFR 206.228 Allowable costs.

General policies for determining allowable costs are established in2 CFR 200, subpart E. Exceptions to those policies as allowed in 2 CFR 200, subpart E and 2 CFR 200.102 are explained below.

(a)     Eligible direct costs -

(1)     Applicant-owned equipment. Reimbursement for ownership and operation costs of applicant-owned equipment used to perform eligible work shall be provided in accordance with the following guidelines:

(i)      Rates established under State guidelines. In those cases where an applicant uses reasonable rates which have been established or approved under State guidelines, in its normal daily operations, reimbursement for applicant-owned equipment which has an hourly rate of $75 or less shall be based on such rates. Reimbursement for equipment which has an hourly rate in excess of $75 shall be determined on a case by case basis by FEMA.

(ii)     Rates established under local guidelines. Where local guidelines are used to establish equipment rates, reimbursement will be based on those rates or rates in a Schedule of Equipment Rates published by FEMA, whichever is lower. If an applicant certifies that its locally established rates do not reflect actual costs, reimbursement may be based on the FEMA Schedule of Equipment Rates, but the applicant will be expected to provide documentation if requested. If an applicant wishes to claim an equipment rate which exceeds the FEMA Schedule, it must document the basis for that rate and obtain FEMA approval of an alternate rate.

(iii)    No established rates. The FEMA Schedule of Equipment Rates will be the basis for reimbursement in all cases where an applicant does not have established equipment rates.

(2)     Force Account Labor Costs. The straight- or regular-time salaries and benefits of a recipient's or subrecipient's permanently employed personnel are:

(i)      Eligible in calculating the cost of eligible permanent repair, restoration, and replacement of facilities under section 406 of theStafford Act;

(ii)     Eligible, at the Administrator's discretion, in calculating the cost of eligible debris removal work under sections 403(a)(3)(A),502(a)(5), and 407 of the Stafford Act for a period not to exceed 30 consecutive calendar days, provided the recipient's or subrecipient's permanently employed personnel are dedicated solely to eligible debris removal work for any major disaster or emergency declared by the President on or after October 27, 2012, in response to Hurricane Sandy; and

(iii)    Not eligible in calculating the cost of other eligible emergency protective measures under sections 403 and 502 of the StaffordAct, except for those costs associated with host state evacuation and sheltering, as established in § 206.202.

(3)     Administrative and management costs for major disasters and emergencies will be paid in accordance with 44 CFR part 207.

• The Applicant is required to identify and report all incident-related impacts to FEMA within 60 days of the Recovery Scoping Meeting. ​ This includes facility damage, debris quantities, and emergency protective measures. ​
• The list of impacts should include a unique identifier, specific location, general description of damage or debris, approximate cost, status of work, and project priority level. ​
• The impacts are grouped into projects based on categories of work and facility types. ​ This is done in collaboration with the PDMG and PDTFL. ​
• FEMA initially groups emergency work together, such as debris removal and emergency protective measures. ​ They also group damaged facilities based on infrastructure categories, such as transportation, flood control, education, housing, health, emergency service facilities, energy, water/wastewater, communications/information technology, and natural and cultural resources. ​
• After initially grouping sites and facilities into projects, further separation may be necessary for sites that require extensive environmental and historic preservation reviews, are in a Special Flood Hazard Area, need architectural/engineering design funding, have completed 100% of the work, are complex and require specialized technical support, have ineligible work, or have specific circumstances that make it illogical to combine. ​

What information does the Applicant need to submit for PA funding?

To apply for Public Assistance (PA) funding, the applicant needs to submit specific information related to their incident-related impacts. ​ This information is required to substantiate their eligibility for PA funding. The information that the applicant needs to submit includes: ​

1. List of Impacts: The applicant is required to identify and report all incident-related impacts to FEMA within 60 days of the Recovery Scoping Meeting. ​ This identification should be submitted in the form of a list of impacts. ​ The list should include the following details for each impact: ​
• Unique Identifier: This can be the facility name and site or any other unique identifier. ​
• Specific Location: The location of the debris impacts or facility damage. ​
• General Description: A general description of the damage, emergency protective measures, or approximate quantities of debris. ​
• Approximate Cost: An estimate of the associated cost. ​
• Status of Work: The current status of the work.
• Project Priority Level: The priority level assigned to the project. ​
2. Facility Damage: The applicant needs to provide information on all facility damage resulting from the incident. ​ This includes identifying the specific location of the damage, providing a general description of the damage, and estimating the associated cost. ​
3. Debris Quantities: The applicant should report the quantities of debris resulting from the incident. ​ This includes estimating the amount of debris and providing an approximate cost for debris removal. ​
4. Emergency Protective Measures: The applicant needs to identify and report any emergency protective measures taken to address immediate threats resulting from the incident. This includes providing a general description of the measures and estimating the associated cost.

It's important to note that the list of impacts and associated information provided by the applicant is a preliminary identification and does not include detailed descriptions of impacts, damaged components within a facility, or a final estimate of costs. ​ The purpose of this initial submission is to provide FEMA with an overview of the impacts and costs claimed for PA funding. ​

The specific information required may vary based on the incident and the applicable laws, regulations, and policies. FEMA may also request additional information or documentation to support the eligibility of the project. ​

What is the two-step process for grouping work and facilities?

The two-step process for grouping work and facilities involves logical grouping and formulation of separate projects. ​ Here are the steps:

Step 1: Logical Grouping of Work and Facility Types ​ In this step, the Public Assistance (PA) Program Delivery Manager (PDMG) works with the applicant and the Public Assistance Technical and Financial Liaison (PDTFL) to create logical groups based on categories of work and facility types. ​ The goal is to identify sites and facilities that can be combined into one project. ​ This step helps streamline the project formulation process and ensures that similar types of work and facilities are grouped together. ​

Step 2: Formulation of Separate Projects ​ After initially grouping sites and facilities into one project, the next step is to identify sites or facilities that need to be separated from the initial grouping and formulated into separate projects. ​ This step involves considering specific circumstances and factors that may warrant separate projects. ​ Some of the reasons for separating sites or facilities include: ​

• Extensive Environmental and Historic Preservation (EHP) Reviews: Sites or facilities that are anticipated to require extensive EHP reviews are separated into separate projects. ​ This allows for a more thorough assessment of the potential environmental and historic impacts and ensures compliance with relevant regulations.
• Special Flood Hazard Area: Sites or facilities located in a Special Flood Hazard Area are separated into separate projects. ​ This is done to address the unique challenges and considerations associated with flood-prone areas. ​
• Architectural/Engineering Design Funding: Facilities that require architectural/engineering design funding prior to determining the scope of work and cost are separated into separate projects. ​ This allows for the necessary design work to be completed before proceeding with project formulation.
• Completed Work: Sites or facilities that have 100% of the work completed are separated into separate projects. ​ This ensures that completed projects are properly closed out and accounted for.
• Complex and Specialized Technical Support: Facilities that are significantly damaged and require specialized technical support for project formulation, such as waste water treatment plants, dams, hospitals, or schools, are separated into separate projects. ​ This allows for focused attention and expertise in addressing the unique challenges associated with these facilities.
• Ineligible Work: Sites or facilities with ineligible work are separated into separate projects. ​ This ensures that only eligible work is considered for PA funding.
• Unwieldy Project Size: If a project becomes too unwieldy to review due to the number of sites and facilities combined, it may be separated into two projects or created as separate projects based on geographical locations. ​ This helps ensure efficient project management and review.
• Specific Circumstances: If the applicant and PDTFL agree that specific circumstances make it illogical to combine certain sites or facilities, they may be separated into separate projects. ​

By following this two-step process, logical grouping of work and facilities is achieved, and separate projects are formulated based on specific considerations and circumstances. ​

• FEMA must conduct Environmental and Historic Preservation (EHP) reviews before starting any work that could impact the environment or historic properties, including archaeological resources.
  • Permanent Work Projects that restore a damaged facility to pre-disaster design are excluded from National Environmental Policy Act (NEPA) review through a statutory exclusion (STATEX).
  • Projects that involve changes in the location, footprint, alignment, or size of a facility may not meet a CATEX and may adversely affect or have impacts on wetlands, floodplains, flood heights, or upstream/downstream velocities.
  • If a project does not meet a CATEX, it will require a higher level of NEPA analysis, the most common higher-level analysis is an environmental assessment (EA).
  • If the Applicant chooses to conduct the EA or EIS, it must obtain FEMA approval prior to initiating the EA or EIS and submit the EA or EIS to FEMA for review and approval prior to construction.
  • FEMA may be required to consult with Federal, State, Territorial, and Tribal government resource agencies before the Applicant begins work.
  • Section 106 of the National Historic Preservation Act (NHPA) requires Federal agencies to consider actions on historic properties.
  • Consultations undertaken pursuant to the ESA will typically include required conservation measures for threatened and endangered species and their habitat.
  • FEMA is responsible for reviewing connected actions associated with a proposed project, even if FEMA is not funding the connected action.
  • Some projects, such as Improved or Alternate Projects, may involve significant changes to the pre-disaster configuration of a facility.
  • To facilitate EHP review, the Applicant should provide:
  - Site map showing the location of all proposed areas where the Applicant will conduct site work or construction and the extent of ground disturbance.
  - Construction dates and photographs of all facilities in the project area.
  - Photographs of all facilities in the project that may be affected by the project.
  - Any known environmental issues or historic preservation concerns.
  - Environmental assessments.
  - Historic property designations or surveys.
  - Copies of permits and correspondence with regulatory agencies.

Environmental and Historic Preservation (EHP) considerations are crucial for any project involving the restoration of damaged facilities or historic properties. FEMA must ensure that the project complies with appropriate EHP laws, regulations, and EOs. Permanent Work Projects, which restore damaged facilities to pre-disaster design, are excluded from NEPA review through a statutory exclusion (STATEX). However, other projects require NEPA review and may require a higher level of NEPA analysis, such as an environmental assessment (EA) or an environmental impact statement (EIS).

FEMA may be required to consult with Federal, State, Territorial, and Tribal government resource agencies before beginning work. These agencies may include USFWS and NMFS for impacts to federally listed threatened and endangered species, Coastal Barrier Resource System zones, bald or golden eagles, essential fish habitats, marine mammals, USACE for projects in navigable waters, and SHPO or THPO for effects to historic properties. If construction work begins before FEMA completes its EHP review, it jeopardizes PA funding for that project.

Similar to NEPA, Section 106 of the National Historic Preservation Act (NHPA) requires Federal agencies to consider actions on historic properties. These actions may require negotiation of a Memorandum of Agreement (MOA) or a project specific Programmatic Agreement to resolve adverse effects.

Early environmental planning should include consideration of potential project-related conservation and mitigation measures. When EHP laws, regulations, or EOs require actions to mitigate adverse effects, the Applicant is responsible for all costs associated with performing the required mitigation measures, unless such actions are directly related to the restoration of disaster-related damage.

FEMA conducts EHP compliance reviews on the actual Site Work Work (SOW) to be performed, prior to approving the project. To facilitate EHP review, the Applicant should provide site maps, construction dates and photographs, environmental assessments, historical property designations or surveys, copies of permits and correspondence with regulatory agencies, and State, Territorial, or Tribal environmental agencies.