The applicant is responsible for showing emergency work is required due to an immediate threat resulting from the declared incident. FAL straight-time costs for budgeted employees performing emergency work are not eligible. Provision of meals, for employees and volunteers engaged in eligible emergency work may be eligible, provided one of the conditions set forth in FEMA policy are met. The Applicant provided documentation demonstrating the FAL OT costs are directly tied to work that was required due to an immediate threat resulting from the disaster, but did not demonstrate the FAL straight-time is related to unbudgeted staff, and did not provide documentation to demonstrate the force account equipment or meals are eligible.

The Applicant has demonstrated that $101,530.17 in FAL OT is directly tied to eligible emergency protective measures. However, the Applicant has not demonstrated that the costs requested for FAL straight-time, FAE, or meals are eligible. Therefore, the appeal is partially granted in the amount of $101,530.17.

Stafford Act § 403(a). 44 C.F.R. § 206.223(a)(1), 206.225(a) (2019), 206.228(a)(1), 206.228(a)(2)(iii). PAPPG, at 19, 24, 26, 58, 62, 63.