FEMA may provide assistance essential to eliminating threats to life and property resulting from a major disaster including PPDR if it is in the public interest. Per the PAPPG, the determination must be made by the public entity with legal authority to make a determination that disaster debris on private property constitutes an immediate threat to life, public health, or safety, or to the economic recovery of the community at large. Here, the Applicant provided its public health authority’s determinations that debris removal from private roads was necessary to eliminate public health hazards, and the legal basis for declaring the existence of a threat to public health. Thus, the Applicant has met the eligibility requirements for debris removal from roads located in areas with restricted access or private roads that are unrestricted but rarely used by the public. FEMA only funds removal of broken limbs located on private property if they extend over the public right of way (ROW); pose an immediate threat; and the Applicant removes the hazard from the public ROW. The Applicant has not demonstrated that limbs removed from private property extended over the ROW, and the Applicant’s public health authority’s determinations addressing public health threats related to debris piles are not germane to hanging limbs.

FEMA finds that the Applicant has demonstrated that the debris removal from private roads was in the public interest. However, the Applicant has not demonstrated that hazardous tree limb removal from private property is eligible. As such, the appeal is partially granted for costs associated with private roads debris removal of $1,152,716.68, but $22,550.00 in requested costs for limbs removed from private property are denied.

Stafford Act §§ 403, 407. 44 C.F.R. § 206.224. PAPPG, 101-102, and 107-109.