Ineligible Costs, Appeals

Appeals

HEADNOTES

Section 403 of the Stafford Act authorizes FEMA to provide assistance that is essential to meet immediate threats to life and property resulting from a disaster. 44 C.F.R. § 206.225(a) authorizes reimbursement for emergency protective measures necessary to eliminate or lessen immediate threats to life, public health, and safety, as well as threats of significant additional damage to improved property. Increased costs of operating a facility or providing a service are generally not eligible, even when directly related to the incident. FEMA provides PA funding for costs related to stand-by time incurred in preparation for, and directly related to, actions necessary to save lives and protect public health and safety. Detention security/support and continued and maintained security, routine patrol work and increased supervision activities are ineligible increased operating costs. The stand-by staff did not exclusively perform emergency work specific to the disaster or outside of their everyday scope of responsibilities, so it is not eligible.

CONCLUSION

FEMA notified the Applicant in a June 21, 2021 email of $47,661.82 in eligible costs. All other claimed work and associated costs found ineligible in the first appeal decision are denied because they are not eligible emergency protective measures.

AUTHORITIES

Stafford Act §§ 403. 44 C.F.R.§ 206.225(a). PAPPG (v 3.1) at 25-26, 42, 76, 79.

44 C.F.R.§ 206.225(a)
Ineligible Costs, Appeals