Immediate Threat

Immediate Threat

HEADNOTES

Increased costs of operating a facility or providing a service are generally ineligible, even when directly related to the incident. To be eligible, costs must be directly tied to the performance of eligible work. The Applicant’s documentation, including police and fire department call logs and summaries, does not demonstrate that the FAL OT or FAE are associated with eligible emergency work outside of the employees’ normal routine work activities. Meals are ineligible when employees are not engaged in eligible emergency work. The meal costs are ineligible because the Applicant has not demonstrated the employees were not engaged in eligible work. It is the Applicant's responsibility to provide documentation to support its claim as eligible, and to clearly explain how the documentation supports its appeal. The Applicant has not provided clarifying information or documentation that demonstrates either the boat ramp repairs, or two sewer plant generator batteries, are eligible emergency protective measures.

CONCLUSION

The Applicant did not demonstrate that its claimed FAL, FAE, and meals are directly tied to the performance of eligible emergency protective measures.

AUTHORITIES

Stafford Act § 403(a). 44 C.F.R. §§ 206.223(a)(1), 206.225(a)(3)(i). PAPPG, at 51, 65, 110, and 117. Fort Myers Beach Fire Control District, FEMA-4486-DR-FL, at 2 (May 15, 2023). City of Deer Park, FEMA-4586-DR-TX, at 3 (July 21, 2023).

44 C.F.R. §§ 206.223(a)(1), 206.225(a)(3)(i).
Immediate Threat