Stafford Act § 403(a) authorizes FEMA to provide federal assistance to meet threats to life and property resulting from a major disaster, including work that reduce immediate threats to life, property, and public health and safety. Work that is typically performed by an applicant’s employees is not eligible. The Applicant has not demonstrated through the documentation submitted on appeal that the work conducted by its FAL were eligible. In addition, even if the work were eligible, the Applicant did not demonstrate that the work was not typically performed by its employees. The PA Guide states that while the cost of operating a facility or providing a service may increase due to or after a disaster, these costs are generally not eligible. An example of an ineligible increased operating expense is feeding staff of critical facilities. The Applicant did not demonstrate that the cost of meals were eligible. 44 C.F.R. § 206.225(a) authorizes necessary to eliminate immediate threats, however, § 206.227 limits funding to disaster declarations that are based on cases of record or near-record snowfall. FEMA will not include snow removal costs when calculating costs for severe winter storm declarations, unless the county qualifies for snow assistance as a record or near record snowfall. Here, there was not a record or near record snowfall and as such, the Applicant did not qualify for snow assistance, which includes activities such as de-icing, sanding, and salting the roads.
: The City of Atlanta (Applicant) has not demonstrated that it performed emergency protective measures addressing an immediate threat to public health and safety. The overtime and compensatory time and cost of meals and cleaning supplies are therefore also ineligible. Finally, the ice removal requested does not meet severe winter storm designation eligibility requirements.
Stafford Act § 403. 44 C.F.R. §§ 206.201, 206.206, 206.225, 206.226, and 206.227, 206.228. DAP 9527.4, Snow Assistance and Severe Winter Storm Policy. RP9525.7, Labor Costs – Emergency Work. City of Blair, FEMA-1878-DR-NE, at 4. PA Guide, FEMA 322, at 42, 28, 54.