FEMA is authorized to provide Public Assistance funding for debris removal activities that eliminate immediate threats to lives, public health, and safety, or eliminate immediate threats of significant damage to improved public or private property. Removal of tree limbs or branches are ineligible if the item is in a natural area and does not extend over improved property or public use areas. FEMA does not fund removal of broken limbs or branches located on private property unless: (1) the limbs or branches extend over the public ROW; (2) the limbs or branches pose an immediate threat; and (3) the Applicant removes the hazard from the public ROW (without entering private property). The documentation demonstrates removal activities associated with broken limbs or branches related to trees located: (1) along roads that were not shown to pose an immediate threat to lives, public health, and safety, or an immediate threat of significant damage to improved public or private property; or (2) in natural areas that did not extend over improved property or public use areas. In addition, the documentation demonstrates that other broken limbs or branches removed were located on private property that did not extend over a public ROW and posed an immediate threat.

The Applicant has not demonstrated the claimed vegetative debris removal activities met FEMA’s eligibility requirements. Therefore, the second appeal is denied.

Stafford Act § 407(a). 44 C.F.R. § 206.224(a). PAPPG, at 99, 101, 103.