The Disaster Mitigation Act of 2000 amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), creating the framework for state, local, tribal and territorial governments to engage in hazard mitigation planning to receive certain types of non-emergency disaster assistance. ;Requirements and procedures to implement hazard mitigation planning provisions may be found in the Code of Federal Regulations, Stafford Act Title 44, Chapter 1, Part 201 (44 CFR Part 201).
Since the Disaster Mitigation Act of 2000 amended the Stafford Act, additional laws have been passed that help to shape hazard mitigation policy. ;These revisions are included in the Sandy Recovery Improvement Act (SRIA) of 2013, the National Flood Insurance Act of 1968, and the Water Infrastructure Improvements for the Nation (WIIN) Act of 2016.
The following grant programs have an approved and adopted hazard mitigation plan eligibility requirement:
Hazard Mitigation Grant Program (HMGP)
Public Assistance Grant Program (PA)
Building Resilient Infrastructure and Communities (BRIC)
Pre-Disaster Mitigation Grant Program (PDM)
Fire Management Assistance Grant Program (FMAG)
Rehabilitation of High Hazard Potential Dam Grant Program (HHPD)
The following mitigation planning guidance documents constitute FEMA �s official policy on and interpretation of the hazard mitigation planning requirements.
To view prior hazard mitigation planning policy documents that have been superseded, visit the Hazard Mitigation Planning Policy Archive.
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1. Loss of Revenue
FEMA cannot provide PA funding for revenue lost as a result of the incident. The following are examples of when loss of revenue may occur as a result of an incident:
�€¢ Hospitals release non-critical patients to make room for survivors
�€¢ Hospitals sustain damage that reduces pre-existing capacity
�€¢ States open a toll road for evacuation and do not charge a toll
�€¢ States waive the normal fee for ferry service to encourage alternate transportation after an incident
�€¢ A utility system is shut down as a result of the incident
�€¢ Events are cancelled as a result of an entity using a venue for incident-related activities, such as sheltering
2. Loss of Useful Service Life
FEMA cannot provide PA funding for the projected loss of useful service life of a facility. For example, if a road has been inundated by flood waters for an extended period of time, FEMA cannot provide PA funding for the value of the projected loss of useful life of the road due to the long-term effects the inundation might have on the road.
3. Tax Assessments
State, Territorial, Tribal, and local governments may conduct tax assessments to re-assess real property values after an incident. Costs related to conducting these assessments are not eligible because the assessments are neither essential to addressing an immediate threat to life or improved property, nor connected with the permanent restoration of eligible facilities.
4. Increased Operating Costs
Increased costs of operating a facility or providing a service are generally not eligible, even when directly related to the incident. However, short-term increased costs that are directly related to accomplishing specific emergency health and safety tasks as part of emergency protective measures may be eligible, as discussed in Chapter 2:VI.B.2.
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There are a handful of common pitfalls that the Consolidated Resource Center identifies when determining eligibility for Public Assistance funding:
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The Davis-Bacon ;Act requires Federal agencies to pay workers under ;contract to them the �prevailing wage �€ based on the local union wage scale ;defined by the U.S. Department of Labor. Generally, the provisions of the ;Davis-Bacon Act do not apply to State or local contracts for work completed ;using public assistance funds under the Stafford Act. However, the provisions ;may apply to contracts let by other Federal agencies, such as the U.S. Army ;Corps of Engineers. If a State or local government incorporates prevailing ;wage rates of the U.S. Department of Labor as part of its normal practice for ;all contracts, regardless of funding source, then those rates would be ;eligible.
; ;References: ; 44 CFR �§13.36(i)5
; ;Public Assistance Guide, FEMA 322, page 44
FIELD MANUAL
When the emergency medical delivery system within a declared area is destroyed, severely compromised, or overwhelmed, FEMA may fund extraordinary costs associated with providing temporary facilities for emergency medical care or expanding existing medical care capacity in response to the declared incident.
Temporary facilities and expansions may be used to treat COVID-19 patients or non-COVID-19 patients, as appropriate. For COVID-19 declarations where temporary facilities and expansions require additional health care workers, state, tribal, territorial, and local governments may contract with medical providers to provide medical services in these facilities.
An Alternate Care Site (ACS) is a facility that’s temporarily converted for healthcare use during a public health emergency to reduce the burden on hospitals and established medical facilities. The US Army Corps of Engineers (USACE) and the US Department of Health and Human Services (HHS) compiled materials to support States and municipalities in creating ACSs to support their medical requirements during the COVID-19 pandemic.
Implementation of Alternate Care Sites is a State-led and managed process. While there are some steps listed on ACS Refit Guide in which the Federal Government may be able to provide assistance, States and Municipalities are encouraged to complete them on their own. The fact that materials and activities are listed on the USACE website does not imply that the Federal Government will be providing any assistance in executing them. States should tailor all materials based on local requirements.
FEMA may provide assistance and approve funding for an initial 30 days, from the date that the facility is operational, as an immediate need notwithstanding that the services may be covered by another source. If additional time is needed, the Applicant should request FEMA re-assess before the end of the 30 days and FEMA may grant another 30-day extension as warranted. FEMA cannot duplicate funding provided by another source and will reconcile final funding based on any funding provided by another agency or covered by insurance. Applicable requirements for labor and contracting under federal grants apply. For more information on these requirements, see fema.gov/coronavirus and the PAPPG at pp. 63-64.
The need for temporary facilities and operating costs incurred for such facilities is eligible emergency protective measures when directly related to accomplishing specific emergency health and safety tasks if:
a. the services are specifically related to eligible emergency actions to save lives or protect public health and safety
b. the costs are for a limited period based on the exigency of the circumstances, and
c. the applicant tracks and documents the additional costs.
The eligibility is based upon its use for a surge in need and, more importantly, for an immediate threat to lives.
This may include the construction of a temporary facility or leasing an existing structure nonetheless, the decision on which direction hospitals take should be based upon what is prudent and reasonable.
FEMA requires a prudent, well-thought out approach, so it is imperative applicants weigh their options (lease, purchase, etc.) if the activities conducted or to be conducted include the set-up or operation of a temporary facility. Applicants must complete either submit a separate project application for each facility or submit the information in a master project for each facility. For more information on these requirements, see the FEMA Coronavirus (COVID-19) Pandemic: Eligible Emergency Protective Measures Fact Sheet and the PAPPG at pp. 76-80.
The following information will be required:
What is the name of this temporary facility?
What dates were or will the temporary facility used - Start date: ____________ (MM/DD/YY) End date:_____________(MM/DD/YY)
What services did or will this temporary facility provide?
☐Emergency medical care
☐Sheltering
☐Other. - Please description
Why was or is this temporary facility needed?
☐Existing facilities were or are forecasted to become overloaded and cannot accommodate the need.
☐Quarantine of COVID-19 affected individuals.
☐Additional space needed to accommodate COVID-19 related response activities.
☐Other. Please describe:
Please indicate how the Applicant did or will establish the temporary facility and attach a cost analysis justifying the selection. Please select all that apply.
☐Rent a facility. Provide a lease agreement.
☐Purchase a facility. Provide documentation to support the purchase price.
☐Construct a new facility.
☐Modify/expand an existing facility.
If purchasing or constructing a new facility, has the Applicant completed its use of this temporary facility?
If the Applicant purchased or constructed a temporary facility, it must return to FEMA the federal share of the equity in the facility. The Applicant must report the equity to FEMA when the approved deadline has expired or when the facility is no longer needed for the authorized purpose, whichever occurs first. For more information on this requirement, see PAPPG at pp. 79-80. Please ensure disposition proceeds are captured and associated questions answered in Schedule B or C as applicable.
Is or will the temporary facility be accessible to and usable by disabled persons, as required by the Americans with Disabilities Act?
☐ Yes, the existing facility is in compliance with the Americans with Disabilities Act and no alterations were or will be required to make the facility ADA-compliant.
☐ Yes, the Applicant has made or will make all required alterations to ensure that the facility is in compliance with the Americans with Disabilities Act.
☐ No. Please describe why compliance is not applicable to this facility:
For additional information on Americans with Disabilities Act, see PAPPG at pp. 95-96.
As part of the declaration of the COVID-19 pandemic as a national emergency, the CARES Act makes funding available to state and local governmental entities through a variety of programs. The primary mechanisms through which financial assistance will be provided include increased funding to existing programs and grants, funding through the Coronavirus Relief Fund, and direct loans, as further detailed below.
This division of the CARES Act primarily funds existing programs and grants and expands their criteria to include those affected by COVID-19. Specific programs, grants and funding are further detailed below.
$850 million will be distributed/awarded pursuant to the formula allocation that was used in fiscal year 2019 for the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) program.
Provides $45 billion to the Disaster Relief Fund administered by FEMA.
Provides $3.5 billion in funding for Child Care and Development Block Grant.
Provides for $100 billion in funding to the Public Health and Social Services Emergency Fund.
Provides for $1 billion in funding to carry out services under the Community Services Block Grant Act.
Provides $750 million in additional Head Start funding to allow programs to meet emergency staffing needs where necessary.
Provides for $30.75 billion in funding for Education Stabilization Fund.
Funds are distributed as follows:
Applicable Grants:
$8.8 billion will be distributed to the Child Nutrition Programs (which includes the National School Lunch Program, the School Breakfast Program, the Special Milk Program, the Child and Adult Care Food Program, and the Summer Food Service Program) to fund food purchases and demonstration projects for schools through September 30, 2021 to account for and respond to the impact of COVID-19.
$15.8 billion will be distributed to SNAP through September 30, 2021 to account for and respond to the virus.
$1.5 billion in additional funding for the Economic Development Assistance Programs to be available until September 30, 2022 through the Department of Commerce.
$450 million to prevent, prepare for, and respond to coronavirus, domestically or internationally, for the emergency food assistance program; to be available until September 30, 2021.
Provides for $150 billion to states, the District of Columbia, US territories, and local and tribal governments. Allocation is based on population, with a minimum of $1.25 billion per state that is to be divided between state governments and local general governments. Local governments with populations of 500,000 or greater can receive their allocation directly (eligible governments). A local government includes a county, municipality, town, township, village, parish, borough, or other unit of general government below the state level. All local governments with populations less than 500,000 will receive their allocation from the state.
In order to receive a payment under this section, eligible governments shall provide the Secretary with a certification signed by the Chief Executive for the unit of government and that government’s proposed uses of the funds consistent with the three uses of funds highlighted above.
Eligible governments must provide payment information and supporting documentation electronically by 11:59pm EDT by April 17, 2020.
The form can be accessed at: https://forms.treasury.gov/caresact/stateandlocal
The Secretary of the Treasury will pay to each state, local and tribal government their allocation directly, on or before April 26, 2020.
Provides for $454 billion, as well as any amounts available but not used for direct lending, for loans, guarantees, and investments in support of the Federal Reserve’s lending facility to eligible businesses, states and municipalities. These loans will not be subject to loan forgiveness. The process for distribution of these loans is still under development.
While certain details related to distribution of funding under the CARES Act are still forthcoming, based on guidance available to date, the allowable activities and most other compliance requirements of the existing funding sources remain the same. To maximize available funding, governmental entities are encouraged to take action on the following:
Release date:
April 13, 2020
Release Number:
Fact Sheet
Even a slight chance of flooding can pose too great a threat to the delivery of services provided by a temporary critical facility. Examples include temporary medical services which are not limited to hospitals, medical sheltering, and mortuary facilities. In many situations, these critical facilities are likely to have occupants who may not be sufficiently mobile to evacuate in order to avoid injury or death during a flood. Site considerations for such facilities must include an evaluation of flood risk.
All critical facilities—including those of a temporary nature—should be located outside all high-risk flood hazard areas, including Zones V and A and Shaded X. Specifically, these facilities or uses should not be located in the Coastal High Hazard Area (including Zone V), the entire Special Flood Hazard Area (SFHA, or 1-percent-annual-chance flood hazard area), or the 0.2-percent-annual-chance flood hazard area (including shaded X zones).
For assistance provided for emergency work, FEMA complies with the spirit of Executive Order 11988, Floodplain Management to the extent practicable. To minimize the impacts of floods on human health, safety, and welfare, if a critical facility must be located in a high-risk flood hazard area, it should be designed to higher protection standards (if possible, for a temporary facility) and have flood evacuation plans.
The following steps should be taken when considering the placement of a temporary facility providing medical services or other critical facility to determine if the function, building systems, and equipment can remain operational in the event of a flood:
For more information, visit the Office of Environmental Planning and Historic Preservation on FEMA.gov.
For more information, visit FEMA Floodplain Management on FEMA.gov.
For more information about FEMA’s Public Assistance and the COVID-19 response, contact your State Emergency Management Agency or tribal office or visit FEMA.gov/coronavirus.
Last Updated:
April 13, 2020 - 15:01
The Cleburne ISD board of trustees passed a provision to the district’s premium pay policy in response to COVID-19 during a Monday night meeting.
Under the provision, nonexempt employees who are required to work during an emergency closing for a disaster, as declared by a federal, state or local official or the board, shall be paid at the rate of one and one half times their regular rate of pay for all hours worked up to 40 hours per week.
Andrea Hensley, CISD human resources assistant superintendent, said the provision will allow the district to seek reimbursement from the Federal Emergency Management Agency.
“As you know, in the event of a federal disaster districts can submit a reimbursement request to FEMA, and then FEMA determines eligibility of those requests for public assistance,” she said. “They are often things like for people who actually have to come into work during the disaster.”
FEMA normally requires that a premium pay provision be in place before a federal disaster is declared to be reimbured, but Hensley said both the Texas Education Agency and the Texas Association of School Boards are suggesting, that because of the magnitude and severity of the COVID-19 pandemic, that it may be waived.
“They suggest that you go ahead and put this provision in place for that reason and just in case you might seek reimbursement from other entities that will provide reimbursement for this kind of thing in the event of a disaster,” she said. “So for these reasons the TEA recommends that every district have adopted a premium paid provision in their policy.”
CISD Superintendent Kyle Health said it is possible for the district to be refunded from FEMA up to 75 percent of the policy.
“It is actually for the whole period that we are not having active face-to-face instructional school,” he said.
Not all expenses will be covered by FEMA, but other funding streams may be created through the CARES Act and other future funding allocations. The TEA suggests districts track all costs related to COVID-19, including staff time, such as:
• Distance learning expenses, including purchasing electronic devices and communications infrastructure.
• Cleaning and sanitizing schools.
• Additional online learning and communication platform licenses.
• Communication and public information costs.
• Curriculum development.
• Supplies for paper distance learning packets and delivery costs (where online learning is not feasible).
• Expenses to continue food assistance program services.
According to FEMA, all State’s Emergency Operations Centers (EOCs) are activated. State, territorial, tribal, and local government entities and certain private non-profit organizations are eligible to apply for Public Assistance under the emergency declaration. This assistance will require execution of a FEMA-State/Tribal/Territory Agreement, as appropriate, and execution of an applicable emergency plan. States, tribal and territorial governments do not need to request separate emergency declarations to receive FEMA assistance under this nationwide declaration. For states, FEMA Regional Administrators will coordinate with Governors to execute a FEMA-State Agreement in support of COVID-19 response activities.
Local governments and other eligible public assistance applicants will need to apply through their respective state, tribal or territorial jurisdictions. Local officials should reach out to their state EOCs to provide an update on their needs and both current and anticipated activities.
You can find additional information about working with your state led public assistance program here.
Private nonprofit organizations that offer certain types of eligible services are eligible to receive FEMA Public Assistance funding for damages caused by a presidentially‐declared emergency or major disaster. Private nonprofit organizations interested in pursuing Public Assistance reimbursement must submit a Request for Public Assistance (RPA) through the Recipient. In the Request for Public Assistance, a private nonprofit organization must demonstrate that it 1) is a non‐revenue producing, nonprofit entity under federal or state law and 2) owns or operates a facility that provides an eligible service.
To be an eligible applicant, the PNP must show that it has:
Additionally, prior to determining whether the PNP is eligible, FEMA must first determine whether the PNP owns or operates an eligible facility. For PNPs, an eligible facility is one that provides eligible services, including:
State EM Applicants Briefing will provide more specifics for their state but the following helpful examples of eligible PNPs.
Critical PNPs include:
Essential/Noncritical PNPs include:
However, it is important to note that these lists are not exhaustive and there may be other types of PNPs that are potentially eligible.
What work and costs are eligible for FEMA PA Program funding?
Through the PA Program, FEMA provides grant funding for certain categories of emergency work and permanent work, depending on the type of disaster declared. Emergency work includes the following two categories that address an immediate threat:
To be eligible, costs must be:
The COVID-19 national emergency makes federal PA Program funding available for Category B Emergency Protective Measures. Category B Emergency Protective Measures include actions taken before, during and following a disaster to save lives, protect public health and safety, or eliminate immediate threat of significant damage to improve public health and property.[44 C.F.R. § 206.225(a)(3)]
This National Response Framework (NRF) is a guide to how the Nation conducts all-hazards response. It is built upon scalable, flexible, and adaptable coordinating structures to align key roles and responsibilities across the Nation, linking all levels of government,nongovernmental organizations, and the private sector. It is intended to capture specific authorities and best practices for managing incidents that range from the serious but purelylocal, to large-scale terrorist attacks or catastrophic natural disasters.This core document, along with the Emergency Support Function Annexes and Support Annexes (available at the NRF Resource Center, http://www.fema.gov/NRF), supersedes the corresponding sections of the National Response Plan (2004, with 2006 revisions). The Incident Annexes remain in effect until superseded at a later date. The President has approved this National Response Framework.
The Public Assistance Program Delivery Guide Operational Draft (PA PDG) describes how FEMA implements the PA Program. The PA PDG defines objectives and indicators of success for delivering the program along with Applicant, Recipient, and FEMA roles and responsibilities. It includes an overview of how PA operates and provides detailed information on each phase of the PA project lifecycle.
The PA Program Delivery Model is the process FEMA uses to deliver PA grant assistance to Applicants following a presidential disaster declaration. Projects are categorized based on the type and complexity of Applicant work. Workflows are transparent and accountable online through Grants Manager and Grants Portal. It establishes specialized staff roles and responsibilities, continuously improving processes and technology and centralized grant processing to efficiently and consistently serve Applicants nationwide.
Communities interested in applying for PA should contact their local, state, tribal or territorial emergency manager to begin the process and submit a Request for Public Assistance form. Applicants are highly encouraged to submit their forms through FEMA Grants Portal for faster processing.
Projects must be completed within the regulatory deadlines. Applicants may submit a request in writing to the Recipient for consideration of a time extension.
FEMA works with the Recipient to assess Applicant capacity and complexity, as well as impacts and damage, and define operational staffing and resource needs.
FEMA works with the Recipient to engage and educate potential Applicants, prioritizing engagements with Applicants having complex projects or located in underserved communities. As soon as possible following the President’s declaration, the Recipient conducts Applicant briefings, where Applicants receive program orientation and learn about the online grants management system (Grants Portal). Applicants register for PA Grants Portal access and submit Requests for Public Assistance (RPA), which are then reviewed by the Recipient and FEMA for eligibility.
Once an RPA is approved, FEMA assigns the Applicant a Program Delivery Manager (PDMG) or supports the Applicant through the Direct Application process. The PDMG schedules an Exploratory Call and a Recovery Scoping Meeting (RSM) to help the Applicant identify disaster impacts, recovery needs, and provides information about deadlines and next steps.
Applicants have 60 days from the Recovery Scoping Meeting to identify and report all disaster-related impacts to FEMA.
FEMA then works with the Applicant to finalize the list of impacts; logically group the impacts and associated damage and work into project applications; conduct site inspections to develop a detailed description of the incident-related damage and dimensions; and collect additional project information and documentation.
FEMA develops the damage description and dimensions (for work completed/fully documented projects only), scopes of work (if not provided by the Applicant), including hazard mitigation proposals, and costs for each project.
FEMA reviews and validates all documentation to ensure document integrity, quality assurance, and compliance with all laws and regulations including for duplication-of-benefits from insurance or other Federal Agencies. Specifically, FEMA Environmental Planning and Historic Preservation (EHP), Hazard Mitigation, and Insurance specialists review information and develop applicable proposals.
FEMA reviews the project application to ensure completeness, eligibility, and compliance with all applicable laws, regulations, and policies on items such as contracting and EHP.
Once FEMA approves the project, the Recipient reviews the project to ensure the Applicant has properly addressed all incident-related impacts, repair methods, and costs.
The Applicant then reviews the subgrant conditions included in the project application and signs in agreement to the funding terms, including requirements for reporting on project work progress and completion.
FEMA obligates funds to the Recipient based on the eligible total of an approved project. The Recipient then disburses funding to the Applicant.
Once the Applicant has signed all projects, FEMA coordinates with the Recipient to schedule a Recovery Transition Meeting (RTM). The purpose of the Recovery Transition Meeting is to transition the primary PA point-of-contact from FEMA field personnel to the Recipient.
The Applicant coordinates with the Recipient to provide FEMA with quarterly updates on the status of its projects.
The Applicant may submit an amendment request to change the scope of work or costs of a project or request additional time to complete the project. FEMA reviews all amendment and time extension requests for eligibility and compliance with EHP regulations.
The Applicant coordinates with the Recipient to formally close projects upon completion of work.
Once all Applicant projects are closed, the Recipient requests closeout for the Applicant. Once all Applicants are closed, FEMA and the Recipient work together to close the PA award for the entire disaster.
MAIN ARTICLE RTE
Release date:
March 20, 2020
Release Number:
FACT SHEET
The Federal Emergency Management Agency (FEMA) provides financial assistance to states, territories, tribes, local governments, nonprofits, institutions of higher education, and other non-Federal entities. All FEMA grant programs are subject to the Federal procurement standards found at 2 C.F.R. §§ 200.317 – 200.326. Recognizing that FEMA’s recipients and subrecipients may face exigencies or emergencies when carrying out a FEMA award, this Fact Sheet provides key information to consider when utilizing contracted resources under exigent or emergency circumstances.
States are required to follow their own procurement procedures as well as the Federal requirements for procurement of recovered materials and inclusion of required contract provisions per 2 C.F.R. §§ 200.317, 200.322, and 200.326.
For purposes of the Federal procurement requirements, states are defined as the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and any agency or instrumentality thereof except for local governments. Tribal governments are not considered to be states when applying Federal procurement standards required by 2 C.F.R. Part 200.
For all other types of entities, referred to as “non-state entities” in this Fact Sheet, Federal regulations (2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) establish requirements for the exigency or emergency exception that permits the use of noncompetitive procurements,
frequently referred to as “sole-source contracting.” This exception and associated procurement requirements are discussed further below. In general, it will be fact-specific and entity-specific as to when exigent or emergency circumstances necessitate the use of noncompetitive procurements. The answers to the frequently asked questions below provide additional guidance on the acceptable use of noncompetitive proposals under exigent or emergency circumstances, which is described in regulation at 2 C.F.R. § 200.320(f)(2).
It is essential that all non-state entities understand that both FEMA and the U.S. Department of Homeland Security’s Office of Inspector General (OIG) closely review procurement actions and contract selections, with a particular emphasis on noncompetitive procurement actions, to evaluate compliance with Federal requirements. Failure to follow Federal contracting and procurement requirements puts non-state entities at risk of not receiving reimbursement or not being able to use FEMA grant funds for otherwise eligible costs.
Non-state entities must follow the procurement requirements found at 2 C.F.R. §§ 200.317 – 200.326. However, Federal regulations allow for noncompetitive procurements under certain circumstances, including when a non-state entity determines that immediate actions required to address the public exigency or emergency cannot be delayed by a competitive solicitation. This represents an exception to requirements for full and open competition. FEMA approval is not required for use of noncompetitive procurements under the emergency or exigency exception; however, the non-state entity must document its justification for using noncompetitive procurements and must still comply with other procurement requirements and ensure that costs are reasonable.
When referring to procurement activity, FEMA defines both exigency and emergency as situations that demand immediate aid or action. The difference between the two is that:
While emergency conditions generally are short-lived, exigent circumstances can exist for a period of weeks or months.
Use of the public exigency or emergency exception is only permissible during the actual exigent or emergency circumstances. Exigency or emergency circumstances will vary for each incident, making it difficult to determine in advance or assign a particular time frame when noncompetitive procurements may be warranted. Exigent or emergency circumstances may exist for two days, two weeks, two months, or even longer in some cases. Non-state entities must ensure that work performed under the noncompetitively procured contracts is specifically related to the exigent or emergency circumstance in effect at the time of procurement. Importantly, because the exception to competitive procurement is available only while the exigent or emergency circumstances exist, non-state entities should, upon awarding a noncompetitive contract, immediately begin the process of competitively procuring similar goods and services in order to transition to the competitively procured contracts as soon as the exigent or emergency circumstances cease to exist.
FEMA may review a non-state entity’s justification that exigent or emergency circumstances warrant an exception to competitive procurement. If the agency determines that exigent or emergency circumstances did not exist or did not preclude a non-state entity from adhering to competitive procurement requirements, FEMA may disallow all or part of the non-state entity’s cost related to the contract or take other actions permitted by statute and regulation. (See 2
C.F.R. § 200.338).
While FEMA approval is not required for a non-state entity to use noncompetitive procurement proposals under the emergency or exigency exception, non-state entities must document and provide justification for the use of the exigent or emergency exception. A list of elements that non-state entities may wish to include as part of their written justifications can be found at the end of this Fact Sheet. The justification must be included in the non-state entity’s records for each FEMA award, subaward, or project.
Yes, non-state entities must comply with the following requirements even when exigent or emergency circumstances exist:
If a pre-awarded or pre-existing contract is not in compliance with the Federal procurement requirements (e.g., the contract was not fully and openly competed (see 2 C.F.R. §§ 200.319, 200.320), the six affirmative socioeconomic contracting steps were not completed (2 C.F.R. § 200.321), there is a conflict of interest involved (2 C.F.R. § 200.318)), it may still be possible to use the contract for the duration of the exigency or emergency. FEMA recommends that non-state entities review the list of procurement requirements above and take actions to modify pre-awarded or pre-existing contracts where applicable. In addition, non-state entities must prepare the appropriate documentation to justify the use of a noncompetitively procured contract.
Yes, but only under certain circumstances. FEMA advises against the use of T&M contracts and generally limits the use of these contracts to a short time period where the scope or duration of the work is unclear. T&M contracts do not incentivize contractors to control costs or maximize labor efficiency. FEMA may reimburse costs incurred under a T&M contract only if all of the following apply:
No. This prohibition applies to all work, regardless of the circumstances (2 C.F.R. § 200.323(d)).
Piggyback contracting occurs when one entity with an existing contract assigns some or all of its contractual rights to another entity that was not previously party to the contract. Generally, FEMA discourages piggyback contracts because the original contract pertains to the needs of the original entity with a specific scope of work for that entity. While there may be circumstances when piggybacking is permissible, in almost all instances, the scope of work would need to be changed to include the needs of a non-state entity, and changes to the scope of work are generally not permitted as there is not likely to be full and open competition for the expanded scope of work. However, during emergency and exigency circumstances, non-state entities may be able to piggyback another entity’s contract and expand the scope of a contract for the period of the emergency or exigency circumstance.
Note that a non-state entity may choose to enter into a separate contract with the same contractor as another entity, using the same terms and conditions as in that other entity’s contract, with only a change in the scope of work and the associated costs. However, this is sole-source contracting rather than piggyback contracting, and it must meet the requirements for noncompetitive procurement under exigency or emergency circumstances as described elsewhere in this Fact Sheet.
If a non-state entity is contemplating the use of piggyback contracting, it should contact its state or territory liaison, or the applicable FEMA Program Office to request FEMA assistance with contract review. For assistance with FEMA contact information, the entity should contact the Centralized Scheduling and Information Desk (CSID) help line at (800) 368-6498 or askcsid@fema.dhs.gov. CSID hours of operation are from 9 a.m. to 5 p.m. ET, Monday through Friday.
Can states use time and materials (T&M) or cost-plus-percentage-of-cost (CPPC) contracts in an exigency or emergency?
While the Federal procurement rules do not prohibit the use of T&M contracts and CPPC contracts by states, FEMA discourages states from using these contracts because they generally lack provisions that control costs and maximize efficiency in performing work. FEMA and the OIG closely scrutinize these types of contracts for cost reasonableness.
Although T&M contracts are discouraged, there may be instances where T&M contracts are appropriate in the short term for activities such as debris removal, emergency power restoration, or other immediate actions required to address emergency health and safety threats under a Public Assistance award. States entering into T&M contracts are encouraged to include language in the contract that specifies a ceiling price and limits the duration of the contract to a short time period, thus providing the state time to develop a scope of work and transition to the more competitive procurement procedures.
As a reminder, 2 C.F.R. § 200.317 requires states to follow: (1) the same policies and procedures they use for procurements using non-Federal funds; (2) 2 C.F.R. § 200.322 (procurement of recovered materials); and (3) 2
C.F.R. § 200.326 (required contract provisions). These requirements apply regardless of whether exigency or emergency circumstances exist. States must ensure that they are also in compliance with the cost principles in 2
C.F.R. §§ 200.400 – 200.474, including ensuring that costs are reasonable, as defined in 2 C.F.R. § 200.404.
Non-state entities should consult as soon as possible with all appropriate parties, including their own legal counsel, to review their procurement policies, actions, and contracts and compare them to the Federal procurement requirements. Non-state entities also should contact their state or territory liaisons, or applicable FEMA Program Office to request assistance with any procurement activity concerns. For assistance with FEMA contact information, the entity should contact the Centralized Scheduling and Information Desk (CSID) help line at (800) 368-6498 or askcsid@fema.dhs.gov. CSID hours of operation are from 9 a.m. to 5 p.m. ET, Monday through Friday.
Detailed procurement and contracting information is available on the FEMA website at www.fema.gov/procurement- disaster-assistance-team. While the guidance available at that website is specifically applicable to FEMA’s Public Assistance Program, it is a useful resource for FEMA’s other grant programs as the procurement requirements in 2
C.F.R. Part 200 apply to all of FEMA’s grant programs. The current Code of Federal Regulations referenced in this guidance can be accessed at www.eCFR.gov. The annual Code of Federal Regulations is available at https://www.govinfo.gov/app/collection/cfr, and the applicable regulations will be the ones in place at the time FEMA issued the declaration or made the award.
1. Identify which of the four circumstances listed in 2 C.F.R. § 200.320(f) justify a noncompetitive procurement:
2. Provide a brief description of the product or service being procured, including the expected amount of the procurement.
3. Explain why a noncompetitive procurement is necessary. If utilizing the exigency/emergency exception, the justification should explain the nature of the public exigency or emergency, including specific conditions and circumstances that clearly illustrate why procurement other than through noncompetitive proposals would cause unacceptable delay in addressing the public exigency or emergency. (Failure to plan for transition to competitive procurement cannot be the basis for continued use of noncompetitive procurement based on public exigency or emergency).
4. State how long the noncompetitively procured contract will be used for the defined scope of work and the impact on that scope of work should the noncompetitively procured contract not be available for that amount of time (e.g., how long do you anticipate the exigency or emergency circumstances will continue; how long will it take to identify your requirements and award a contract that complies with all procurement requirements; or how long would it take another contractor to reach the same level of competence).
5. Describe the specific steps taken to determine that full and open competition could not have been used, or was not used, for the scope of work (e.g., research conducted to determine that there were limited qualified resources available that could meet the contract provisions).
6. Describe any known conflicts of interest and any efforts that were made to identify possible conflicts of interest before the noncompetitive procurement occurred. If no efforts were made, explain why. If a conflict of interest is unavoidable, such as due to exigent/emergency circumstances, explain how it was unavoidable and any steps taken to address the impact of that conflict of interest.
7. Include any other information justifying the use of noncompetitive procurement in the specific instance.
NOTE: A separate justification is required for each instance of noncompetitive procurement.
The Position Assist Series provides guidance to Federal Emergency Management Agency (FEMA) Public Assistance (PA) staff on the PA Grant delivery process. The Position Assist Series is designed to explain by JFO and CRC position, when and how staff work in the four phases of the PA delivery process.
Collection of FEMA forms to help you organize and submit costs for reimbursement.
Supplemental information and tools to help perform various tasks for PA Program Delivery.
Association of State and Territorial Health Officials COVID-19
Council of Chief State School
Officers COVID-19
Emergency Management Assistance Compact (EMAC)
National Association of State Chief Information Officers (NASCIO) COVID-19 Planning and Response Guidance for State CIOs
National Emergency Management Association (NEMA)
National Conference of State Legislatures (NCSL) COVID-19 Related Legislation
National Center for State Courts Newsroom
National Association of State Personnel Directors COVID-19 – Coronavirus Communications and Updates
National Association of Secretaries of State: Election Emergencies & COVID
National Association of Attorneys General COVID-19 Resources
State and local governmental entities and private non-profits providing critical services(e.g., utilities, hospitals, educational providers, emergency, and custodial care facilities) or essential social services may be eligible to receive state and/or federal resources and funding under the President's emergency declaration – and possible major disaster declarations that may follow.
VIEW FEMA PA ELIGIBLE APPLICANTS IN PAPPG HERE
Eligible Entities should collect documentation and record all potentially reimbursable costs associated with measures to protect public health and safety.·
USE COST CODE TRACKING FOR ALL COVID-19 COSTS
Since requests for FEMA reimbursement must run through states, territories, and tribes, local governments and private non-profit organizations providing governmental-type services should immediately contact the state, territorial, or tribal emergency management agency to understand how costs will be collected, recorded, and reimbursed.·
Private non-profit PNP organizations should collect and record potentially reimbursable costs associated with measures to protect public health and safety, and determine whether their activities fall within FEMA's guidelines for reimbursement and what additional requirements they may need to meet. Under FEMA guidance,eligible entities are non-profit organizations that either:
o provide a critical service (defined as education, utilities, emergency services, or medical services); or
o provide a non-critical but essential social service to the general public (which includes the operation of nursing homes,shelters, food assistance programs, and similar services).
VIEW MORE DETAILS ON PNP ORGANIZATIONS HERE >>>>>>
Management, control and reduction of immediate threats to public health and safety:
o Emergency Operation Center costs.
o Training specific to the declared event.
o Disinfection of eligible public facilities.
o Technical assistance to state, tribal,territorial or local governments on emergency management and control of immediate threats to public health and safety
Public assistance is intended to support organizations with “extraordinary costs” associated with this event.This may include but is not limited to:
Overtime or personnel
backfill cost.
Expendable supplies such as disinfectants, medical supplies and personal protective equipment (masks, gloves, gowns, etc.)
.Equipment & Apparatus usage
.A submission request for public assistance must provide complete and accurate documentation of expenses and usage.This includes standardized Incident Command System (ICS) forms, Public Assistance Grant forms, verifiable receipts, personnel cost sheets and apparatus sheets (type, size, etc.).
Some basic forms to use include
:ICS Form 214, Activity Log, for all involved units and personnel.
ICS Form 213, General Message, to document specific requests.
ICS Form 218, Support Vehicle-Equipment Inventory.
While waiting on specific guidelines for this event, browse the FEMA Public Assistance Program and Policy Guide for additional insight on documentation needs, such as:Applicant labor and applicant-owned equipment.Rented or purchased equipment.Purchased supplies and supplies from stock.Contracted services.Mutual aid services.
TRACK WITH SPECIAL COST CODES FOR COVID-19 AND DOCUMENT - DOCUMENT!!!
Document all work performed and costs incurred. All affected entities should document work performed (including paid and volunteer assistance) and costs incurred (including copies of all receipts and time logs). Consider COST CODES for all Covid-19 supplies, specific Covid-19 contracts, labor and equipment and any unbudgeted expense related to Covid-19
These records can support ALL FEDERAL ASSISTANCE claims and will be required to support claims to FEMA or HHS or any other State or Federal Agency for additional assistance.
Scope of Eligible Work and Costs.
Presently, there is little information regarding the scope of actions and funding that is contemplated under the nationwide declaration. FEMA's Declaration Fact Sheet, available here, states only that "eligible emergency protective measures taken to respond to the COVID-19 emergency at the direction or guidance of public health officials may be reimbursed under Category B of the agency's Public Assistance program." The individual state declarations confirm this and note expressly that the Individual Assistance Program has not yet been authorized.
Emergency protective measures includes activities that must be done immediately to save lives,protect public health and safety, protect improved property, and eliminate or lessen the immediate threat of additional damage, and can include costs associated with overtime and sick leave for permanent employees and straight time and overtime associated with temporary employees, transporting and pre-positioning equipment, purchasing equipment and supplies providing essential commodities,evacuating and sheltering individuals, and providing medical care and transport. Emergency protective measures eligibility can be more restrictive for private non-profit organizations than for governmental entities. However,the Stafford Act has rarely been used for pandemics and there may be repeated changes to eligibility criteria as different types of emergency measures to save lives, protect public health and safety, and eliminates or lessen the immediate threat of additional damage (such as temperature screening, building access control, decontamination, and other virus-specific actions) are undertaken by governments and private non-profit organizations.
Traditional Category B Costs. FEMA's guidance regarding the work and costs traditionally considered as eligible Category B work provides some insight into the type of funding that may be provided to eligible entities under the COVID-19 declaration. This may include work to slow transmission of the virus through isolation and treatment of patients who have contracted the virus, and through quarantine and social distancing measures. Eligible work may also include communications about public health risks, social distancing, and how to get tested for the virus. It may also include enforcement of social distancing measures (e.g., through activation of the national guard to enforce/administer gubernatorial orders closing schools, bars, restaurants, concerts, museums, and the like), construction of tent testing sites and tent systems to expand the capacity of hospitals, disinfection of facilities contaminated with the virus, and where necessary, delivery of food and medical supplies to those denied freedom of movement by public health orders. We expect FEMA to provide some guidance specifically targeted at COVID-19 response.
Increased Operating Expenses and Loss of Income.
The social distancing measures needed to slow transmission of COVID-19 will substantially reduce economic activity and employment in at least the short run. For many state and local governments and non-profits eligible to receive grants from FEMA, this will result insubstantial losses in fee and tax revenue. FEMA's PA Program generally does not fund "increased operating expenses" or lost revenue from reduced fees or taxes generated from economic activity. These impacts will be addressed at least partially by additional federal legislation. MORE ON THIS SUBJECT LATER
Release date: March 20, 2020
The Federal Emergency Management Agency (FEMA) provides financial assistance to states, territories, tribes, local governments, nonprofits, institutions of higher education, and other non-Federal entities. All FEMA grant programs are subject to the Federal procurement standards found at 2 C.F.R. §§ 200.317 – 200.326. Recognizing that FEMA’s recipients and subrecipients may face exigencies or emergencies when carrying out a FEMA award, this Fact Sheet provides key information to consider when utilizing contracted resources under exigent or emergency circumstances.
States are required to follow their own procurement procedures as well as the Federal requirements for procurement of recovered materials and inclusion of required contract provisions per 2 C.F.R. §§ 200.317, 200.322, and 200.326.
For purposes of the Federal procurement requirements, states are defined as the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and any agency or instrumentality thereof except for local governments. Tribal governments are not considered to be states when applying Federal procurement standards required by 2 C.F.R. Part 200.
For all other types of entities, referred to as “non-state entities” in this Fact Sheet, Federal regulations (2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) establish requirements for the exigency or emergency exception that permits the use of noncompetitive procurements,
frequently referred to as “sole-source contracting.” This exception and associated procurement requirements are discussed further below. In general, it will be fact-specific and entity-specific as to when exigent or emergency circumstances necessitate the use of noncompetitive procurements. The answers to the frequently asked questions below provide additional guidance on the acceptable use of noncompetitive proposals under exigent or emergency circumstances, which is described in regulation at 2 C.F.R. § 200.320(f)(2).
It is essential that all non-state entities understand that both FEMA and the U.S. Department of Homeland Security’s Office of Inspector General (OIG) closely review procurement actions and contract selections, with a particular emphasis on noncompetitive procurement actions, to evaluate compliance with Federal requirements. Failure to follow Federal contracting and procurement requirements puts non-state entities at risk of not receiving reimbursement or not being able to use FEMA grant funds for otherwise eligible costs.
Non-state entities must follow the procurement requirements found at 2 C.F.R. §§ 200.317 – 200.326. However, Federal regulations allow for noncompetitive procurements under certain circumstances, including when a non-state entity determines that immediate actions required to address the public exigency or emergency cannot be delayed by a competitive solicitation. This represents an exception to requirements for full and open competition. FEMA approval is not required for use of noncompetitive procurement under the emergency or exigency exception; however, the non-state entity must document its justification for using noncompetitive procurements and must still comply with other procurement requirements and ensure that costs are reasonable.
When referring to procurement activity, FEMA defines both exigency and emergency as situations that demand immediate aid or action. The difference between the two is that:
While emergency conditions generally are short-lived, exigent circumstances can exist for a period of weeks or months.
Use of the public exigency or emergency exception is only permissible during the actual exigent or emergency circumstances. Exigency or emergency circumstances will vary for each incident, making it difficult to determine in advance or assign a particular time frame when noncompetitive procurements may be warranted. Exigent or emergency circumstances may exist for two days, two weeks, two months, or even longer in some cases. Non-state entities must ensure that work performed under the noncompetitively procured contracts is specifically related to the exigent or emergency circumstance in effect at the time of procurement. Importantly, because the exception to competitive procurement is available only while the exigent or emergency circumstances exist, non-state entities should, upon awarding a noncompetitive contract, immediately begin the process of competitively procuring similar goods and services in order to transition to the competitively procured contracts as soon as the exigent or emergency circumstances cease to exist.
FEMA may review a non-state entity’s justification that exigent or emergency circumstances warrant an exception to competitive procurement. If the agency determines that exigent or emergency circumstances did not exist or did not preclude a non-state entity from adhering to competitive procurement requirements, FEMA may disallow all or part of the non-state entity’s cost related to the contract or take other actions permitted by statute and regulation. (See 2
C.F.R. § 200.338).
While FEMA approval is not required for a non-state entity to use noncompetitive procurement proposals under the emergency or exigency exception, non-state entities must document and provide justification for the use of the exigent or emergency exception. A list of elements that non-state entities may wish to include as part of their written justifications can be found at the end of this Fact Sheet. The justification must be included in the non-state entity’s records for each FEMA award, subaward, or project.
Yes, non-state entities must comply with the following requirements even when exigent or emergency circumstances exist:
If a pre-awarded or pre-existing contract is not in compliance with the Federal procurement requirements (e.g., the contract was not fully and openly competed (see 2 C.F.R. §§ 200.319, 200.320), the six affirmative socioeconomic contracting steps were not completed (2 C.F.R. § 200.321), there is a conflict of interest involved (2 C.F.R. § 200.318)), it may still be possible to use the contract for the duration of the exigency or emergency. FEMA recommends that non-state entities review the list of procurement requirements above and take actions to modify pre-awarded or pre-existing contracts where applicable. In addition, non-state entities must prepare the appropriate documentation to justify the use of a noncompetitively procured contract.
Yes, but only under certain circumstances. FEMA advises against the use of T&M contracts and generally limits the use of these contracts to a short time period where the scope or duration of the work is unclear. T&M contracts do not incentivize contractors to control costs or maximize labor efficiency. FEMA may reimburse costs incurred under a T&M contract only if all of the following apply:
No. This prohibition applies to all work, regardless of the circumstances (2 C.F.R. § 200.323(d)).
Piggyback contracting occurs when one entity with an existing contract assigns some or all of its contractual rights to another entity that was not previously party to the contract. Generally, FEMA discourages piggyback contracts because the original contract pertains to the needs of the original entity with a specific scope of work for that entity. While there may be circumstances when piggybacking is permissible, in almost all instances, the scope of work would need to be changed to include the needs of a non-state entity, and changes to the scope of work are generally not permitted as there is not likely to be full and open competition for the expanded scope of work. However, during emergency and exigency circumstances, non-state entities may be able to piggyback another entity’s contract and expand the scope of a contract for the period of the emergency or exigency circumstance.
Note that a non-state entity may choose to enter into a separate contract with the same contractor as another entity, using the same terms and conditions as in that other entity’s contract, with only a change in the scope of work and the associated costs. However, this is sole-source contracting rather than piggyback contracting, and it must meet the requirements for noncompetitive procurement under exigency or emergency circumstances as described elsewhere in this Fact Sheet.
If a non-state entity is contemplating the use of piggyback contracting, it should contact its state or territory liaison, or the applicable FEMA Program Office to request FEMA assistance with contract review. For assistance with FEMA contact information, the entity should contact the Centralized Scheduling and Information Desk (CSID) help line at (800) 368-6498 or askcsid@fema.dhs.gov. CSID hours of operation are from 9 a.m. to 5 p.m. ET, Monday through Friday.
Can states use time and materials (T&M) or cost-plus-percentage-of-cost (CPPC) contracts in an exigency or emergency?
While the Federal procurement rules do not prohibit the use of T&M contracts and CPPC contracts by states, FEMA discourages states from using these contracts because they generally lack provisions that control costs and maximize efficiency in performing work. FEMA and the OIG closely scrutinize these types of contracts for cost reasonableness.
Although T&M contracts are discouraged, there may be instances where T&M contracts are appropriate in the short term for activities such as debris removal, emergency power restoration, or other immediate actions required to address emergency health and safety threats under a Public Assistance award. States entering into T&M contracts are encouraged to include language in the contract that specifies a ceiling price and limits the duration of the contract to a short time period, thus providing the state time to develop a scope of work and transition to the more competitive procurement procedures.
As a reminder, 2 C.F.R. § 200.317 requires states to follow: (1) the same policies and procedures they use for procurements using non-Federal funds; (2) 2 C.F.R. § 200.322 (procurement of recovered materials); and (3) 2
C.F.R. § 200.326 (required contract provisions). These requirements apply regardless of whether exigency or emergency circumstances exist. States must ensure that they are also in compliance with the cost principles in 2
C.F.R. §§ 200.400 – 200.474, including ensuring that costs are reasonable, as defined in 2 C.F.R. § 200.404.
Non-state entities should consult as soon as possible with all appropriate parties, including their own legal counsel, to review their procurement policies, actions, and contracts and compare them to the Federal procurement requirements. Non-state entities also should contact their state or territory liaisons, or applicable FEMA Program Office to request assistance with any procurement activity concerns. For assistance with FEMA contact information, the entity should contact the Centralized Scheduling and Information Desk (CSID) help line at (800) 368-6498 or askcsid@fema.dhs.gov. CSID hours of operation are from 9 a.m. to 5 p.m. ET, Monday through Friday.
Detailed procurement and contracting information is available on the FEMA website at www.fema.gov/procurement- disaster-assistance-team. While the guidance available at that website is specifically applicable to FEMA’s Public Assistance Program, it is a useful resource for FEMA’s other grant programs as the procurement requirements in 2
C.F.R. Part 200 apply to all of FEMA’s grant programs. The current Code of Federal Regulations referenced in this guidance can be accessed at www.eCFR.gov. The annual Code of Federal Regulations is available at https://www.govinfo.gov/app/collection/cfr, and the applicable regulations will be the ones in place at the time FEMA issued the declaration or made the award.
1. Identify which of the four circumstances listed in 2 C.F.R. § 200.320(f) justify a noncompetitive procurement:
2. Provide a brief description of the product or service being procured, including the expected amount of the procurement.
3. Explain why a noncompetitive procurement is necessary. If utilizing the exigency/emergency exception, the justification should explain the nature of the public exigency or emergency, including specific conditions and circumstances that clearly illustrate why procurement other than through noncompetitive proposals would cause unacceptable delay in addressing the public exigency or emergency. (Failure to plan for transition to competitive procurement cannot be the basis for continued use of noncompetitive procurement based on public exigency or emergency).
4. State how long the noncompetitively procured contract will be used for the defined scope of work and the impact on that scope of work should the noncompetitively procured contract not be available for that amount of time (e.g., how long do you anticipate the exigency or emergency circumstances will continue; how long will it take to identify your requirements and award a contract that complies with all procurement requirements; or how long would it take another contractor to reach the same level of competence).
5. Describe the specific steps taken to determine that full and open competition could not have been used, or was not used, for the scope of work (e.g., research conducted to determine that there were limited qualified resources available that could meet the contract provisions).
6. Describe any known conflicts of interest and any efforts that were made to identify possible conflicts of interest before the noncompetitive procurement occurred. If no efforts were made, explain why. If a conflict of interest is unavoidable, such as due to exigent/emergency circumstances, explain how it was unavoidable and any steps taken to address the impact of that conflict of interest.
7. Include any other information justifying the use of noncompetitive procurement in the specific instance.
NOTE: A separate justification is required for each instance of noncompetitive procurement.
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Last Updated:
March 20, 2020 - 09:34
"Navigable Waters of the U.S." includes all surface water bodies such as drainage ditches, intermittent streams, streams, lakes, and ponds, as well as vegetated wetlands adjacent to water bodies. Most areas where water flows or gathers (even intermittently) would be considered navigable waters of the U.S. for the purpose of this section. Any project that involves construction in or adjacent to waters of the U.S. can Potentially impact the quality or function of the waters. Water quality can be impacted by physical disturbance and by the discharge of sediment, construction debris, pollutants, or other materials such as oil or other vehicle fluids. The functions of navigable waters and wetlands can be impacted by activities such as the disposal of soil and construction materials; excavation; the placement of structures such as culverts, storm drain outfalls, bridges, and buildings; and modifying the amount or quality of water flow to the existing bodies of waters due to adjacent landscape modifications. In general, FEMA is concerned with any construction activities within 200 feet of waters of the U.S., and requests additional documentation in Section D of the Environmental /Historic Preservation Questions for those projects.
If your project is in or near navigable waters of the U.S., you have probably collected information about this resource already in Section C of the Environmental /Historic Preservation Questions. If not, be sure to read Section C, and provide the information requested on that page.
Referencing a United States Geological Survey (USGS) topographic map [example map ] is an easy way to check for nearby waters of the U.S. Be sure to use a 1:24,000 scale topographic map; any scale greater than this may not show all water body features. Water bodies are represented on USGS topographic maps in blue (on maps showing water body types). One way to find out if there are wetlands nearby is to reference the wetland maps on the National Wetlands Inventory website. Care should be taken when referencing these maps; not all wetlands are included on the maps they maintain.
The most reliable way to determine if there are wetlands or navigable waters of the U.S. in your project area is to contact the United States Army Corps of Engineers (USACE) [//www.usace.army.mil/ ] , an appropriate state regulatory agency such as the department of environmental protection, or a local agency such as a stormwater management district.
In your communication with the USACE or other agency, you should:
If you have determined that there are waters of the U.S. in your project area, the next step is to determine the potential impact to the body of water. The USACE (or the US Fish and Wildlife Service (USFWS) from your work in Section C) may indicate a potential to impact a water of the US in the agency’s response to your request for information. You can also determine potential impacts by carefully reviewing your project scope of work. If your project indicates that it involves work in the water, excavation of material from the water or placement of material in the water, then you should answer “yes” to Section D, Question 1 of the Pre-Disaster Mitigation (PDM) Environmental and Historic Preservation Questions.
Projects that typically result in a “Yes” answer to Section D, Question 1 include:
Title
Number
FEMA 543
FEMA 577
Building Science for Disaster-Resistant Communities: Flood Hazard Publications (2011)
FEMA L-782
Design Guide for Improving School Safety in Earthquakes, Floods, and High Winds (2010)
FEMA P-424
Emergency Power Systems for Critical Facilities: A Best Practices Approach (2014)
FEMA P-1019
Understanding Substantial Structural Damage in the International Existing Building Code (2017)
Building Science for Disaster-Resistant Communities: Hurricane Hazard Publications (2011) FEMA L-781
Tornado Protection: Selecting Refuge Area in Buildings, Second Edition (2009) FEMA P-431
Mitigation Assessment Teams: Building Stronger and Safer (2016)
History and Relevant FEMA Building Science Activities (2015) FEMA P-361
Wind Provisions in the 2015 International Building Codes
Wind Provisions in the 2015 International Existing Building Code
FEMA P-804 Wind Retrofit Guide for Residential Buildings (2010) FEMA P-804
Wind Provisions in the 2015 International Residential Code
Wind Provisions in the 2015 International Building Code® (February 2017)
This document summarize the wind-resistant provisions of the 2015 edition of the IBC.
Wind Provisions in the 2015 International Existing Building Code® (February 2017)
This document summarize the wind-resistant provisions of the 2015 edition of the IEBC.
Wind Provisions in the 2015 International Residential Code® (February 2017)
CodeMaster-Flood Resistant Design (2012)
Design Considerations for Improving Critical Facility Functionality During Flood Events (2009)
Evaluation of the NFIP's Building Standards (2006)
Flood Provisions of International Code Series Paper (2013)
Flood Resistant Provisions of 2012 International Codes (2012)
Flood Resistant Provisions of the 2009 International Code Series (2009)
Flood Resistant Provisions of the 2012 Uniform Codes by the IAPMO (2012)
Flood Resistant Provisions of the 2015 International Codes (2015)
Guidance for Applying ASCE 24 (2013)
Highlights of ASCE 24-14 Flood Resistant Design and Construction Including Building Codes in the National Flood Insurance Program (2013)
NFIP 2009 I-Codes and ASCE 24 Checklist (2013)
NFIP 2012 I-Codes and ASCE 24 Checklist (2013)
NFIP 2015 I-Codes and ASCE 24 Checklist (2016)
Provisions of the 2009 I-Codes and ASCE 24 Compared to the NFIP (2009)
Quick Reference Guide-Compare NFIP and Code (2012)
Reducing Flood Losses Through International Codes, 4th Edition (2014)
Supplement to the 2006 Evaluation of the NFIP's Building Standards
Answers to Questions about Substantially Improved/Substantially Damaged Buildings (2018) FEMA 213
Floodproofing Non-Residential Buildings FEMA P-936
Coastal Construction Manual, Fourth Edition (2011) FEMA P-55
Home Builder's Guide to Coastal Construction (2010)FE MA P-499
Flood Hazard Elevation and Siting Criteria for Residential Safe Rooms (February 2015)
Flood Hazard Elevation and Siting Criteria for Community Safe Rooms (February 2015)
Protecting Buildings Utility Systems from Flood Damage FEMA P-348
Generally, Federal procurement standards require that Applicants ensure maximum full-and-open competition. However, Federal regulations allow for noncompetitive procurements under exigent and emergency circumstances.
Exigency: A need to avoid, prevent, or alleviate serious harm or injury, financial or otherwise, to the Applicant, and use of competitive procurement proposals would prevent the urgent action required to address the situation. Thus, a noncompetitive procurement may be appropriate.
Emergency: A threat to life, public health and safety, or improved property requires immediate action to alleviate the threat.
Suggested elements for noncompetitive procurement justification:
This fact sheet is intended to provide general information regarding the Stafford Act declaration process. All emergency and major disaster declarations are made solely at the discretion of the President of the United States.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207 (the Stafford Act) §401 states in part that: “All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State.” A State also includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. The Republic of Marshall Islands and the Federated States of Micronesia are also eligible to request a declaration and receive assistance through the Compacts of Free Association.
As a result of the Sandy Recovery Improvement Act, federally recognized Indian tribal governments now have the option of pursuing a declaration directly from the President. While this fact sheet may be informative for Indian tribal governments, FEMA is developing Tribal Declarations Pilot Guidance, which will provide more detailed and specific guidance for Tribal requests.
FEMA has codified the declaration process at 44 C.F.R. Part 206, Subpart B.
Preliminary Damage Assessment
If it is apparent that a Presidential disaster declaration may be necessary to assist in the recovery of the impacted area, the State or Indian tribal government should contact their FEMA Regional Office and request a joint Federal, State/Tribal Preliminary Damage Assessment (PDA). Local government representatives should be included, if possible. Together, the team will conduct a thorough assessment of the impacted area to determine the extent of the disaster, its impact on individuals and public facilities, and the types of federal assistance that may be needed. This information is included in the Governor or Tribal Chief Executive’s request to show that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments or Indian tribal government and that supplemental federal assistance is necessary.
State or Indian Tribal Government Resources Overwhelmed
Once the PDA is complete and the State or Indian tribal government determines that the damage exceeds their resources, the Governor or Tribal Chief Executive may submit a declaration request to the President through their FEMA Regional Office. As part of the request, the Governor or Tribal Chief Executive must take appropriate action under State or Tribal law and direct the execution of the State or Tribal emergency plan. The Governor or Tribal Chief Executive shall furnish information on the nature and amount of State and local or Indian tribal government resources that have been or will be committed to alleviating the results of the disaster, provide an estimate of the amount and severity of damage and the impact on the private and public sectors, and provide an estimate of the type and amount of assistance needed under the Stafford Act. In addition, the Governor or Tribal Chief Executive must certify that, for the current disaster, State and local governments or Indian tribal government obligations and expenditures will comply with all applicable cost-sharing requirements.
Declaration Process
Generally, the PDA is completed prior to the submission of the Governor or Tribal Chief Executive’s request for a major disaster declaration. However, when an obviously severe or catastrophic event occurs, the Governor or Tribal Chief Executive’s request may be submitted prior to completion of the PDA.1 In such circumstances the major disaster will generally be limited to Public Assistance Categories A and/or B (which may be further limited to Direct Federal Assistance (DFA)) and Hazard Mitigation Assistance. For high-impact events where the level of damage to residences is empirically overwhelming, the declaration may also include Individual Assistance. Additional forms of assistance may be added at a later date, pending the completion of PDAs.
Declaration Types
There are two types of disaster declarations provided for in the Stafford Act: emergency declarations and major disaster declarations.2 Both declaration types authorize the President to provide supplemental federal disaster assistance. However, the events related to the two different types of declaration and scope and amount of assistance differ.
1 44 C.F.R. §206.33(d)
2 FEMA has established a third type of declaration, Fire Management Assistance Grant (FMAG) declarations, through regulation. That process differs significantly from the emergency and major disaster processes. More information regarding the FMAG program can be found here: http://www.fema.gov/fire-management-assistance-grant-program
Emergency Declarations: The President can declare an emergency for any occasion or instance when the President determines federal assistance is needed. Emergency declarations supplement State and local or Indian tribal government efforts in providing emergency services, such as the protection of lives, property, public health, and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. The total amount of assistance provided for a single emergency may not exceed $5 million. The President shall report to Congress if this amount is exceeded.
Requirements: The Governor of the affected State or Tribal Chief Executive of the affected Tribe must submit a request to the President, through the appropriate Regional Administrator, within 30 days of the occurrence of the incident. The request must be based upon a finding that the situation is beyond the capability of the State and affected local governments or Indian tribal government and that supplemental federal emergency assistance is necessary to save lives and protect property, public health and safety, or to lessen or avert the threat of a disaster. In addition, the request must include:
Confirmation that the Governor or Tribal Chief Executive has taken appropriate action under State or Tribal law and directed the execution of the State or Tribal emergency plan;
A description of the State and local or Indian tribal government efforts and resources utilized to alleviate the emergency;
A description of other federal agency efforts and resources utilized in response to the emergency; and
A description of the type and extent of additional federal assistance required.
Assistance Available Under Emergency Declarations:
Public Assistance (PA) – Only Categories A (debris removal) and B (emergency protective measures) may be authorized under an emergency declaration. Categories C-G (permanent work) are not available under an emergency declaration. Emergency declarations often include only Category B and will typically be limited to DFA, absent damage assessments showing significant need for financial assistance. This assistance is generally provided on a 75% federal, 25% non-federal cost sharing basis.
Individual Assistance (IA) – The Individuals and Households Program (IHP) is the only form of IA that may be authorized under an emergency declaration. Authorization of IHP under an emergency is rare. Housing Assistance under IHP is provided at a 100% federal share, while Other Needs Assistance under IHP requires a 25% non-federal cost share.
The Hazard Mitigation Grant Program (HMGP) is not available for emergency declarations.
3 44 C.F.R. §206.35
Pre-Disaster Emergency Declarations
: A Governor or Tribal Chief Executive may request an emergency declaration in advance or anticipation of the imminent impact of an incident that threatens such destruction as could result in a major disaster. Such requests must meet all of the statutory and regulatory requirements for an emergency declaration request. Requests must demonstrate the existence of critical emergency protective measure needs prior to impact are beyond the capability of the State and affected local governments or Indian tribal government and identify specific unmet emergency needs that can be met through DFA. Such DFA may include, but is not limited to, personnel, equipment, supplies, and evacuation assistance. Pre-positioning of assets generally does not require a declaration. Assistance made available under a pre-disaster emergency declaration will typically be Category B (emergency protective measures), limited to DFA. FEMA may require damage assessments and/or verified cost estimates if additional types of assistance are requested.
Emergency Declarations with Federal Primary Responsibility: When an emergency exists for which the primary responsibility rests with the Federal government, the President may declare an emergency without a request from the Governor of the affected State or the Tribal Chief Executive of the affected Tribe. Such an emergency declaration does not prevent the Governor or Tribal Chief Executive from subsequently requesting a major disaster declaration for other unmet needs caused by the event.
Major Disaster Declarations: The President can declare a major disaster for any natural event, including any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought, or, regardless of cause, fire, flood, or explosion, that the President determines has caused damage of such severity that it is beyond the combined capabilities of state and local governments to respond. A major disaster declaration provides a wide range of federal assistance programs for individuals and public infrastructure, including funds for both emergency and permanent work.
Requirements
: The Governor of the affected State or Tribal Chief Executive of the affected Tribe must submit the request to the President through the appropriate Regional Administrator within 30 days of the occurrence of the incident. The request must based upon a finding that the situation is beyond the capability of the State and affected local governments or Indian tribal government and that supplemental federal assistance is necessary. In addition the request must include:
• Confirmation that the Governor or Tribal Chief Executive has taken appropriate action under State or Tribal law and directed execution of the State or Tribal emergency plan;
• An estimate of the amount and severity of damage to the public and private sector;
• A description of the State and local or Indian tribal government efforts and resources utilized to alleviate the disaster;
• Preliminary estimates of the type and amount of Stafford Act assistance needed; and
• Certification by the Governor or Tribal Chief Executive that the State and local governments or Indian tribal government will comply with all applicable cost sharing requirements.
Assistance Available Under Major Disaster Declarations: Not all programs, however, are activated for every disaster. The determination of which programs are authorized is based on the types of assistance specified in the Governor or Tribal Chief Executive’s request and the needs identified during the joint PDA and subsequent PDAs. FEMA disaster assistance programs are as follows:
• Individual Assistance – Assistance to individuals and households, which may include:
o Individuals and Households Program;
o Crisis Counseling Program
o Disaster Case Management
o Disaster Unemployment Assistance
o Disaster Legal Services
o Disaster Supplemental Nutrition Assistance Program
• Public Assistance – Assistance to State, Tribal, and local governments and certain private nonprofit organizations for emergency work and the repair or replacement of disaster-damaged facilities, which may include the following Categories:
o A – Debris removal
o B – Emergency protective measures
o C – Roads and bridges
o D – Water control facilities
o E – Buildings and equipment
o F – Utilities
o G – Parks, recreational and other facilities
• Hazard Mitigation Assistance – Assistance to State, Tribal, and local governments and certain private nonprofit organizations for actions taken to prevent or reduce long term risk to life and property from natural hazards.
Factors: When evaluating requests for major disasters and making recommendations to the President, FEMA considers the following factors6:
(a) Public Assistance Program
1) Estimated cost of the assistance
2) Localized impacts
3) Insurance coverage in force
4) Hazard Mitigation
5) Recent multiple disasters
6) Other federal agency assistance programs
(b) Individual Assistance Program
1) Concentration of damage
2) Trauma
3) Special populations
4) Voluntary agency assistance
5) Insurance
6) Damaged residences – severity and number.
Appeals: The Governor or Tribal Chief Executive can appeal the denial of a major disaster or emergency declaration request. The appeal must be submitted within 30 days of the date of the denial letter and should include additional information justifying the need for supplemental federal assistance.
Post Declaration Actions
Add-ons: The Governor, the Governor’s Authorized Representative (GAR), or Tribal Chief Executive can request designation of additional counties and programs within 30 days of the declaration or the end of the incident period, whichever is later. The Governor, GAR, or Tribal Chief Executive may submit an extension request within the 30-day period, providing a valid reason supporting an extension.
Cost Share Adjustments: The authority to adjust the Public Assistance cost share resides with the President. FEMA will recommend an increase in the federal share to not more than 90% for Public Assistance when a disaster is so extraordinary that actual federal obligations under the Stafford Act, excluding administrative cost, meet or exceed a qualifying threshold.7
Appeals: Post declaration determinations are generally subject to a one-time appeal. Such appeals must be submitted within 30 days of the denial letter. This deadline may be extended by FEMA, upon request of the State or Indian tribal government. Extension requests must be submitted within the 30 day deadline.
A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the Applicant makes the decision to incur the cost. This is in accordance with 2 Code of Federal Regulations 200.404 Reasonable costs.
FEMA determines reasonableness by evaluating whether:
FEMA determines reasonableness by evaluating whether (cont'd):
FEMA or the Applicant prepares the Project based on actual or estimated costs as follows:
FEMA uses the Applicant's cost estimate if the estimate:
If the Applicant lacks the resources, it may request technical assistance from FEMA to develop the cost estimates.
FEMA and Recipient work with the Applicant to formulate incident-related damage and work into projects based on logical groupings of the damage. This process is a collaborative effort beginning at the Recovery Scoping Meeting and concluding with a Recovery Transition Meeting.
FEMA Program Delivery Manager develops Projects to address details of the Applicant's damage and repair. The Project includes a detailed description of the disaster-related damage and dimensions and the associated scope of work and costs for a facility or a group of facilities.
In accordance with laws, regulations, Executive Orders, and policies, FEMA requires documentation to demonstrate damage, account for costs and support the work.
FEMA Program Delivery Manager and Recipient work with the Applicant to obtain documentation to support eligibility. However, it is the Applicant's responsibility to substantiate its claim as eligible. If the Applicant does not provide sufficient documentation to support its claim, FEMA cannot provide Public Assistance funding for the work.
In accordance with 44 CFR 206.202 (d)(1)(ii), which states, "The Applicant will have 60 days following its first substantive meeting with us to identify and to report damage to us."
The Applicant is required to identify and report all of its disaster-related damage, emergency work activities, and debris quantities to FEMA within 60 days of the Recovery Scoping Meeting.
FEMA may extend the deadline for identifying and reporting damage if the Recipient submits a request in writing with justification based on extenuating circumstances beyond the Recipient's or Applicant's control. For example, if disaster circumstances are of a significant magnitude that damages cannot be identified within the timeframe due to scope or continuous disaster response needs, FEMA may extend the deadline for the disaster.
On an individual case by case basis, the FEMA Infrastructure Branch Director and/or Public Assistance Group Supervisor may be able to review and approve individual damages submitted by the Applicant beyond the 60-day regulatory timeframe within Grants Portal. For these damage discoveries, the Applicant will need to submit an explanation of circumstances for the late submittal. The justification will be a critical review component of the approval process, so Applicant's should ensure they provide any and all circumstances with their submittal.
FEMA conducts site inspections with the Applicant to codify, quantify, and document the cause, location, and details of the reported damage and impacts. The FEMA Site Inspector will also coordinate with the FEMA Program Delivery Manager and FEMA Special Considerations staff in order to document and articulate any observed environmental and historic preservation considerations and/or hazard mitigation opportunities.
The following is documentation FEMA may request to determine the eligibility of damage claimed and is often helpful to bring to the FEMA Site Inspection in order to support codification of the damage.
For Permanent Work:
The FEMA Public Assistance Program provides funding to restore facilities and equipment to the pre-disaster condition. Therefore, it is critical that the Damage Description and Dimensions correctly articulates the pre-disaster condition and the elements which were damaged. The critical components of a Damage Description and Dimensions include:
Work to be completed projects, where a FEMA Site Inspection is performed, will have a Damage Description and Dimensions that is compiled by the FEMA Site Inspector. After the Applicant agrees on the damage description and dimensions, the Scope of Work along with the cost of repairs or replacement is established for the project is developed.
In addition to the developed Damage Description and Dimensions, the FEMA Program Delivery Manager will work to obtain information from the Applicant which will support the development of the Scope of Work and the estimate for cost.
There are two primary methods for the development of the Scope of Work and Costs for work to be completed projects:
Refer to the course IS-1001: The PA Delivery Model Orientation for more information.
For project addressing facilities where repairs are 100% Complete, Applicants will need to be prepared to demonstrate the damage condition existed prior to the repair and was a result to the declared event. This is facilitated through the disclosure of:
Supporting documents are compiled by the Applicant and submitted to FEMA through the Grants Portal. The FEMA Program Delivery Manager supports the Applicant with the upload of documentation and ensures the Essential Elements of Information Questionnaire is completed.
Once all documents are uploaded, the FEMA Program Delivery Manager will coordinate with the FEMA Consolidated Resource Center who develops the Damage Description, the Scope of Work and cost for the project.
Upon completion, the Applicant will have an opportunity to review the project and reach agreement. If there are any discrepancies or errors, the Applicant may request revision through collaborative process with the Recipient and the FEMA Program Delivery Manager.
During the development process, the Applicant will also have an opportunity to submit a Hazard Mitigation Proposal. The proposal is a request to repair damaged elements to a condition over and above the existing in order to prevent future damages for the same type of event.
Examples of documentation that will be requested include:
For Permanent Work (continued):
When identifying disaster-related damage, a Damage Inventory must be completed. This can be found in the Grants Portal under the specific Event in the "Event PA Request" page.
The Damage Inventory can be entered individually or download an Excel spreadsheet template. The template allows for multiple damages to be entered at once. If necessary, the Applicant may request assistance from the FEMA Program Delivery Manager in compiling and organizing the form. However, the Applicant is responsible for identifying the damages within 60 days of the Recovery Scoping Meeting. The spreadsheet includes the following sections:
Some components of the Damage Inventory template has drop-down selections to select items instead of a free-form answer. The columns of the form which require selection from the drop-down list are:
The "Labor type" section specifically has 6 different options written as acronyms.
Definitions of these labor types is provided at the bottom of the excel spreadsheet and on the list label at the bottom of the page. The labor key for these drop-down options are:
To be eligible, work must be the legal responsibility of the Applicant requesting assistance.
To determine legal responsibility for facility restoration, FEMA evaluates whether the Applicant had legal responsibility of the facility at the time of the incident based on ownership and/or the terms of any written agreements (such as for facilities under construction or leased facilities).
When an Applicant requests Public Assistance funding to restore a facility, it is the Applicant's responsibility to provide proof that it owns the facility. To determine ownership, the Applicant will need to be prepared to provide deeds, titles, and/or lease agreements that demonstrate responsibility.
Proof of Ownership for a facility is generally sufficient to establish the Applicant's legal responsibility to restore the facility, provided it is not under construction by a contractor or leased to another entity at the time of the incident.
FEMA creates a Project (which will become a grant) to document details of the Applicant's Project, including a detailed description of the disaster-related damage and dimensions, associated scope of work costs, compliance requirements, and Project specific conditions in order to fund the grant. The Project is assembled through communication, coordination and documentation compiled within the Grants Portal/Grants Manager software.
If the Project involves multiple locations and they are listed separately in the Damage Inventory, FEMA will itemize each location within the same Project. The disaster damage and dimensions, scope of work, and costs for each site will be clearly identified and reconciled within the Project.
For "Work to be Completed" projects (Projects where work is 0%-99% complete, FEMA will facilitate a Site Inspection with the Applicant to measure and quantify damage.
The Applicant will identify the damage elements and the FEMA Site Inspector will work with the Applicant to capture dimensions through a Site Inspection Report.
The Site Inspector will compile Damage Description and Dimensions for the project and compile additional information to include site maps, Flood Insurance Rate Maps, photo documentation and site sketches.
The Applicant shall use Grants Portal to review the Site Inspection Package along with the Damage Description and Dimensions in order to reach agreement prior to Scoping and Costing.
For "Work Completed" The Applicant will be responsible to provide information regarding damaged elements, dimensions, and photographs of the damage prior to repair to substantiate the claim. The Applicant will also disclose documents for the repair work involved. The information will be used to compile a Damage Description and Dimensions, Scope of Work, and Costs at the FEMA Consolidated Resource Center.
At the end of grant development, the Applicant will be provided an opportunity to review the project in order to ensure the damaged elements, scope and cost have been addressed correctly.
If any hidden damage is found after a scope of work is developed, project modification will be required through a Scope Change request. When an Applicant becomes aware of a scope change, the Applicant must contact the Recipient immediately to ensure compliance and receive approval. The mechanism for notification is through official written correspondence. The Recipient will then review the request and coordinate with the FEMA Regional Office to address the scope change request.
Scope change requests are subject to a complete compliance review to include Environmental and Historic Preservation compliance reviews. Failure to follow this procedure jeopardizes funding for the project. Information to support this change because of hidden damage is:
Certain items can be confused as to whether they are considered equipment or supplies. 2 Code of Federal Regulations describes both in detail, while 2 Code of Federal Regulations Part 200.94 defines supplies, "Supplies means all tangible personal property other than those described in 200.33 Equipment. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life."
Select the following link to access 2 Code of Federal Regulations.
Equipment is best defined in 2 Code of Federal Regulations Part 200.33 which states, "Equipment means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. See also 200.12 Capital assets, 200.20 Computing devices, 200.48 General purpose equipment, 200.58 Information technology systems, 200.89 Special purpose equipment, and 200.94 Supplies."
Equipment includes, but is not limited to:
Select the following link to access 2 Code of Federal Regulations.
The following is an example of how an item is deemed an equipment item:
A disaster occurs, and the State has a capitalization level of $4,250.00. The Applicant has a capitalization level of $3,000.00. The damaged item has a cost of $3,250.00. The damage item is deemed an equipment item instead of a supply item, despite the value of the item being less than the $5,000.00 Federal definition.
Emergency Protective Measures to protect improved property that are generally eligible include:
This list is not all-inclusive.
Emergency Protective Measures on Private Property
The Applicant must include the following support documentation with the claim for the work to be eligible:
If the above criteria are not met, the private property owner may be eligible for assistance under FEMA's Individual Assistance Programs. FEMA staff will coordinate to ensure the same work is not funded by both programs.
If debris on private property is so widespread that it threatens public health and safety or the economic recovery of the community, FEMA may provide Public Assistance funding for debris removal from private property. This debris removal must be in the public interest, not merely benefiting an individual or a limited group of individuals within the community.
In limited circumstances, based on the severity of the impact of an incident, FEMA may determine that debris removal from private property is potentially eligible under the Public Assistance Program. In making its determination, FEMA evaluates whether the impacts of debris on private property affect the general public in that community and whether the Applicant has legal authority to perform the work.
In such cases, FEMA works with the State, Territorial, Tribal, and Local governments to designate specific areas where debris removal from private property, including private waterways, is eligible.
Written Request
Prior to commencing work on private property, the Applicant must submit a written request and receive approval from FEMA. The written request must include:
The Applicant needs to identify the specific properties or areas of properties for which it is requesting approval.
Public Interest Determination
The Applicant must provide the basis for the determination that removing the debris from the private property requested is in the public interest. The determination must be made by the State, Territorial, Tribal, county, or municipal government's public health authority or other public entity that has legal authority to make a determination that disaster-generated debris on private property in the designated area constitutes an immediate threat to life, public health, or safety, or to the economic recovery of the community at large.
Additionally, the Applicant must submit its established, specific legal requirements for declaring the existence of a threat to public health and safety.
Legal Authority and Responsibility
The Applicant not only must provide documentation to confirm its legal authority and responsibility to enter private property and remove disaster related debris, they must also comply with all the conditions of the Public Assistance grant requirements.
This includes:
Indemnification and FEMA Approval
The Applicant must indemnify the Federal Government and its employees, agents, and contractors from any claims arising from the removal of debris from private property.
FEMA will provide a written response to the request specifying any properties or area of properties for which debris removal is approved.
The Applicant must provide confirmation that it satisfied all legal processes and obtained permission requirements from the property owners (rights-of-entry) and agreements to indemnify and hold harmless the Federal Government before FEMA will provide PA funding for debris removal from private property.
Duplication of Benefits
When applying for Public Assistance grant funding, the Applicant must be aware of duplication of benefits, especially when dealing with private property.
The Applicant should work with private property owners to pursue and recover insurance proceeds and credit FEMA the Federal share of any insurance proceeds received. In some circumstances, FEMA may provide Individual Assistance to individuals for debris removal; consequently, FEMA Public Assistance staff will coordinate closely with Individual Assistance staff to ensure FEMA does not fund the same work under both programs.
Certain types of private properties have specific requirements for debris removal beyond the normal discussion of debris removal from, private property. Such examples are debris removal from gated communities and from commercial property.
Debris Removal from Gated Communities:
Debris removal from private residential property within a gated community is not eligible. However, if the debris is placed on a private road within the gated community, debris removal from the road may be eligible in accordance with the eligibility and request criteria listed in Chapter 2.VI.A.6 (a).
Debris Removal from Commercial Property:
Removal of debris from commercial properties, such as industrial parks, golf courses, cemeteries, apartments, condominiums, and trailer parks, is generally ineligible because commercial enterprises are expected to retain insurance that covers debris removal. In very limited, extraordinary circumstances, FEMA may provide an exception. In such cases, the Applicant must meet the requirements of Chapter 2.VI.A.6 (a) and (b).
The Applicant must provide debris types, quantities, reduction methods, and pickup and disposal locations for FEMA to determine the eligibility of debris removal operations.
FEMA requires the Applicant to monitor all contracted debris operations to document this information and ensure the contractor removes eligible debris. If the Applicant does not monitor these operations, Public Assistance funding for that work may be jeopardized.
Force Account resources (including temporary hires), contractors, or a combination of these may be used by the Applicant for monitoring. It is not necessary or cost-effective to have Professional Engineers or other certified professionals perform debris monitoring duties.
The use of staff more qualified than necessary for the associated work is considered an unreasonable cost. If staff with professional qualifications are used to conduct debris monitoring, the reason must be documented.
FEMA provides training to the Applicant's force account debris monitors upon request. Eligible debris monitoring activities may include:
FEMA provides Public Assistance funding for various costs related to disposing of debris. The Applicant should dispose of debris in an efficient and cost-effective manner.
Vegetative debris is bulky and can consume a significant volume of landfill space. To minimize the use of landfill space, FEMA encourages the Applicant to reduce the volume of vegetative debris before burying. Costs to reduce vegetative debris using methods such as mulching, grinding, or burning are eligible.
Certain types of construction and demolition debris are reusable or recyclable. The Applicant should conserve landfill space by separating materials for reuse or recycling.
Temporary Staging Sites
Establishing and operating a temporary staging site necessary for the purpose of debris separation and reduction is eligible. The cost to lease property is eligible. Additionally, if the terms of the lease require that the Applicant restore the leased property back to its condition prior to the Applicant's use, the costs related to that restoration are also eligible as part of the Category A project.
Hand-Loaded Trucks and Trailers
FEMA has determined that, for vegetative debris, hand-loaded trucks and trailers achieve approximately half the compaction level of mechanically loaded trucks and trailers. Therefore, FEMA only provides Public Assistance funding for 50 percent of the vegetative debris in hand-loaded trucks and trailers.
Similarly, trucks without solid tailgates cannot be compacted to full capacity. Therefore, FEMA will only fund a maximum of 85 percent of the debris in trucks without solid tailgates.
The Applicant must document the types and total quantity of debris that was hand-loaded and the types and total quantity of debris hauled in trucks without solid tailgates and provide this information to FEMA to ensure appropriate reductions are taken for this debris.
Tipping Fees
A tipping fee is the charge levied upon a given quantity of waste received at a waste processing facility. In the case of a landfill it is generally levied to offset the cost of opening, maintaining and eventually closing the site. Landfill tipping fees usually include fixed and variable costs, along with special taxes or fees assessed by the jurisdiction in which the landfill is located.
Eligible tipping fee costs are limited to the variable and fixed costs directly related to landfill operations, such as recycling tax. The components of tipping fees not directly related to landfill operations, such as special taxes or fees related to other government services or public infrastructure, are not eligible as part of the tipping fee. When providing Public Assistance funding for tipping fees, FEMA removes any ineligible components.
The Applicant may use a significant portion of the available capacity of a landfill to dispose of incident-related debris. Although FEMA provides Public Assistance funding for tipping fees, it cannot provide funding for the value of the loss of landfill capacity due to incident-related debris.
As stated previously, this module provided an overview of common types of debris removal and their requirements.
The next few slides discuss the general considerations an Applicant should make for all Category A projects. This includes the following:
The next several slides take a closer look at eligibility considerations for the following common types of vegetative debris:
While hazardous limbs, trees, and stumps are generally eligible to receive funding, debris removal activities for vegetative debris are generally not eligible when:
While broken limbs or branches are common types of vegetative debris and are generally eligible, there are several factors that need to be taken into consideration when making an eligibility recommendation. For instance, the Applicant should take into account the location of the broken limb or branch; specifically, whether it is on public land or is it on private property. The location will help FEMA determine whether the limb or branch may be eligible for Public Assistance.
Generally, not eligible unless the following occurs:
A broken limb or branch that is located on private property is generally not eligible. FEMA may consider funding removal when:
FEMA may consider trees to be hazardous and eligible if the Applicant can attribute the damage to the incident and if the tree's diameter is 6 inches or greater, measures at least 4.5 feet above ground level, and has one or more of the following characteristics:
In instances where a disaster-damaged tree has 50 percent or more of the root-ball exposed, the tree may be eligible for removal and the root-ball may be eligible for filling. Should FEMA determine that the tree is eligible for funding, the Applicant should note that:
A stump with 50 percent or more of the root-ball exposed may be eligible for removal and filling in of the root-ball hole. If grinding a stump in-place is less costly than extraction, grinding the stump in-place may be eligible.
Stump removal in areas with known or high potential for archaeological resources usually requires FEMA to further evaluate and consult with the State or Tribal Historic Preservation Officer. If the Applicant discovers any potential archeological resources during stump removal, the Applicant must immediately cease work and notify FEMA.
The Applicant should note that when a stump is removed by contracted services, FEMA reimburses contracted costs charged on a per-stump basis if:
The Applicant must ensure the price for stump removal includes extraction, transport, disposal, and filling the root-ball hole.
In order for the vegetative debris to be found eligible, the Applicant must provide all requested documentation to support the eligibility claim of removing tree limbs, branches, stumps, or trees that are still in place. Requested documents may include but are not limited to:
Debris removal for limbs, trees, and stumps is typically charged based on a unit price for volume (cubic yards) or weight (tons). When a hazardous tree or stump is collected individually, contractors often charge a price per tree or stump based on its size.
This section examines the eligibility of costs related to procurement and contracting.
FEMA provides Public Assistance funding for contract costs based on the terms of the contract if the Applicant meets Federal procurement and contracting requirements.
FEMA's Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules) provides additional details regarding Federal procurement and contracting requirements.
Applicants must comply with Federal procurement standards as a condition of receiving Public Assistance funding for contract costs for eligible work. Federal procurement standards for State and Territorial governments are different than those for Tribal and Local governments and private nonprofits.
State and Territorial government Applicants must:
Non-State Applicants (Tribal and Local governments and private nonprofits) must use their own documented procurement procedures that reflect applicable State, Territorial, Tribal, and Local government laws and regulations, provided that the procurements conform to applicable Federal law and standards. This requirement applies to Tribal Governments even when the Tribe is a Recipient.
For more information on procurement, refer to course: Procurement Under FEMA Awards: Requirements for Recipients and Subrecipients When Procuring Services and Supplies with Funding under Stafford Act Grant Programs or FEMA's Procurement Disaster Assistance Team website: https://www.fema.gov/procurement-disaster-assistance-team.
Non-state Applicants must conduct procurement transactions in a manner that complies with the following Federal standards:
Non-State Applicants must use one of the following procurement methods:
FEMA may reimburse costs incurred under a contract procured through a noncompetitive proposal only when at least one the following apply:
Applicants must perform a cost or price analysis in connection with every procurement action in excess of the simplified acquisition threshold, including contract modifications. The method and degree of analysis depends on the particular procurement situation. The Applicant must first make independent estimates before receiving bids or proposals and negotiate profit as a separate element of the price for each contract.
Public Assistance staff and FEMA's Office of Chief Counsel coordinate when evaluating the compliance with Federal procurement requirements.
In the case of non-compliance, FEMA determines a reasonable cost for the eligible work completed based on all available information and documentation.
FEMA reimburses costs incurred using three types of contract payment obligations:
The Applicant must include required provisions in all contracts awarded and maintain oversight to ensure contractors perform according to the conditions and specifications of the contract and any purchase orders.
FEMA advises against the use of time and materials contracts and generally limits the use of these contracts to a reasonable time based on the circumstances during which the Applicant could not define a clear scope of work.
Time and materials contracts do not provide incentives to the contractor for cost control or labor efficiency. FEMA will only reimburse costs under a time and materials contract if all of the following apply:
When an Applicant does not have sufficient resources to respond to an incident, it may request resources from another jurisdiction through a "mutual aid" agreement. There are two types of entities:
Public Assistance funding is only provided to the Requesting Entity because it is legally responsible for the work. FEMA does not provide Public Assistance funding directly to the Providing Entity. For the work to be eligible, the Requesting Entity must have requested the resources provided.
Some States have a statewide mutual aid agreement that designates the State as being responsible for reimbursing mutual aid costs. In these States, the Providing Entity may request funding directly from the State, with prior consent of the Requesting Entity, in accordance with applicable State laws and procedures.
If the Requesting Entity and the State approve the request and the State pays the Providing Entity, FEMA provides Public Assistance funding to the State. The Requesting Entity may be responsible for reimbursing the State for any non-Federal Local cost share, depending on specific State requirements.
The Requesting Entity or State, if applicable, must provide a description of the services requested and received, along with documentation of associated costs (e.g., labor, equipment, supplies, materials) to FEMA in support of a request for Public Assistance funding.
Three types of mutual aid are eligible:
Mutual aid work is subject to the same eligibility criteria as contract work. Costs to transport the Providing Entity's equipment and personnel to the declared area are eligible.
Ineligible work performed by a Providing Entity includes:
The Emergency Management Assistance Compact, a national interstate mutual aid agreement, enables States and Territories to share resources in response to an incident.
Work performed outside the receiving State or Territory that is associated with the operation of the Emergency Management Assistance Compact, including tracking of resources, is not eligible unless the work is associated with the receiving State's or Territory's emergency operations for the incident.
The Providing Entity's straight-time and overtime labor are eligible, including fringe benefits. When the Requesting Entity is a State, Territorial, Tribal, or Local government and the Providing Entity is another division within the same State, Territorial, Tribal, or Local government, straight-time for budgeted employees of the Providing Entity is not eligible.
If the Providing Entity backfills deployed personnel, overtime for backfill personnel is eligible even if they are not performing eligible work. However, straight-time for backfill personnel is not eligible.
FEMA reimburses the use of equipment provided to a Requesting Entity based on either the terms of the agreement or equipment rates. FEMA provides Public Assistance funding to repair damage to this equipment the same way as it provides Public Assistance funding to repair damage to Applicant-owned equipment.
In some cases, the Requesting and Providing Entities do not have a written agreement, OR where such an agreement exists but is silent on reimbursement, the entities may verbally agree on the resources to be provided and on the terms, conditions, and costs of such assistance.
The agreement should be consistent with past practices for mutual aid between the entities. For example, if the Requesting Entity does not normally reimburse a Providing Entity for its costs, it should not agree to do so specifically for the declared incident.
Prior to funding, the Requesting Entity must document the verbal agreement in writing, have it executed by an official of each entity with the authority to request and provide assistance, and submit it to FEMA (preferably within 30 days of the Applicant's Briefing).
When the impact of an incident is so severe that the State, Territorial, Tribal, and local governments lack the capability to perform or contract eligible Emergency Work, the Recipient may request that the Federal Government provide this assistance directly. FEMA may task another Federal agency to perform or contract the work provided it is an eligible activity.
FEMA issues a "Mission Assignment" to task the work and refers to it as Direct Federal Assistance.
FEMA cannot task work that another Federal agency has its own authority to perform. Direct Federal Assistance has the same cost-share provisions applicable to the declaration.
Buildings, including:
Equipment includes:
Repair or replacement of buildings and equipment is eligible.
Category E also covers:
For buildings and building systems, distinguishing between damage caused by the incident and pre-existing damage may be difficult. Before making an eligibility determination, FEMA considers each of the following:
Mold remediation and removal of mud, silt, or other accumulated debris is eligible as Permanent Work when conducted in conjunction with restoration of the facility.
FEMA 352 – Recommended Post Earthquake Evaluation and Repair Criteria for Welded Steel Moment-Frame Buildings: FEMA has specific eligibility criteria for evaluating and repairing earthquake damage to buildings constructed with welded steel moment frames. FEMA bases the eligibility criteria on Recommended Post Earthquake Evaluation and Repair Criteria for Welded Steel Moment Frame Buildings.
The repair of the damaged frame connections to pre-earthquake design in accordance with FEMA 352, Chapter 6, is eligible, but only if FEMA approves a specific statement of work for the repairs prior to the Applicant performing the work. Repair of the architectural finishes and fire retardants removed in the area of the damage are also eligible.
Repairing damaged-or replacing destroyed-equipment and supplies with the same number of equivalent items is eligible.
Equivalent items are similar in age, condition, and capacity.
The Applicant may replace equipment or supplies with different items used for the same general purpose. However, FEMA caps the eligible cost at the estimated amount for items equivalent to those damaged.
When equipment is not repairable, FEMA uses "blue book" or market values or similar price guides to estimate the eligible cost.
Files:
Eligible activities associated with the recovery of files include, but are not limited to:
Recovery of damaged hard copies includes labor and materials, such as bags, boxes, and containers. Stabilizing damaged hard copies includes freeze-drying. Photocopying or scanning includes labor and materials such as new folders and paper.
Not all activities are eligible. Examples of ineligible activities include:
Reagents and specimen collections are eligible for replacement based on the following criteria.
The number of units of each reagent eligible for replacement is equal to the number actually lost OR to the number necessary to restore basic research activity, whichever is less.
FEMA reimburses the purchase price from commercial sources or other institutions, whichever is less. The replacement of reagents that are so unique that they are considered an outcome of a research program is not eligible.
Replacing a representative, but not necessarily a whole portion, of a specimen collection may be eligible. To be eligible for replacement, the specimen types should be available for purchase from commercial sources or other institutions and support an ongoing eligible educational or medical program.
Animals housed or exhibited in an eligible facility are eligible for replacement with the same number of comparable animals if they are:
Eligible animals may include, but are not limited to:
The replacement of animals on loan to an eligible facility at the time they are destroyed is eligible if the Applicant is able to provide documentation that establishes legal responsibility.
Additionally, FEMA may provide Public Assistance funding for actions taken to save the lives of these animals as a Category B emergency protective measure.
The estimated cost to replace an animal is usually determined through market surveys. Costs associated with acquiring donated, loaned, or wild animals as replacement animals are eligible provided they do not exceed the estimated cost of purchasing a comparable animal.
For laboratory animals, eligible costs associated with replacement include, but are not limited to, the replacement cost of a laboratory animal that is as genetically close as possible to, but does not exceed, the genetic progression of the lost animal AND can be reasonably procured commercially.
Ineligible costs associated with replacing laboratory animals include:
If the Applicant requests, and the Recipient approves, FEMA caps the Federal share based on the estimated in-kind replacement costs.
Stabilization of damaged collections or individual objects is eligible. Stabilization is a series of treatment measures to maintain the integrity of a collection or object and to minimize deterioration. Stabilization involves taking the minimum steps necessary to return a collection or object to a condition in which it can function in the same capacity as it did prior to the incident. This includes:
Restoring materials, equipment, and exhibition furnishings associated with the storage, display, preservation, or exhibition of collections and individual objects is also eligible. These may include, but are not limited to:
Replacement of damaged or destroyed library books and publications is eligible based on the pre-disaster inventory of the quantities of the books and publications. Re-shelving, cataloging, and other work incidental to the replacement of library books and publications is also eligible.
However, special library collections, including rare books, manuscripts, and other fragile materials, are only eligible for treatment, not replacement.
Water control facilities are those facilities built for the following purposes:
They include:
Restoring the pre-disaster carrying or storage capacity of engineered channels, debris and sediment basins, storm water detention and retention basins, and reservoirs may be eligible, but only if the Applicant provides documentation to establish:
If the Applicant chooses to remove non-incident-related material along with that deposited as a result of the incident, the project is considered an Improved Project.
Flood Control Works:
Flood control works are those structures such as levees, flood walls, flood control channels, and water control structures designed and constructed to have appreciable effects in preventing damage by irregular and unusual rises in water levels.
Generally, flood control works are under the authority of U.S. Army Corps of Engineers or Natural Resources Conservation Service and restoration of damaged flood control works under the authority of another Federal agency is not eligible.
Secondary levees riverward of a primary levee are ineligible, unless the secondary levee protects human life.
Roads may be paved, gravel, or dirt. Road components include, but may not be limited to:
Bridge components include, but may not be limited to:
See Appendix K of the Public Assistance Program and Policy Guide for a summary of eligibility by facility type.
Permanent Work to restore roads and bridges is eligible unless restoration is under the specific authority of another Federal Agency such as Federal Highway Administration. Work to repair scour or erosion damage to a channel or stream bank is eligible if the repair is necessary to restore the structural integrity. Earthwork in a channel or stream embankment that is not related to restoring the structural integrity of an eligible facility is not eligible.
For Tribal Governments specifically, although Bureau of Indian Affairs or Federal Highway Administration may have authority to provide permanent restoration of public Tribal roads, such roads may be eligible for Public Assistance funding provided the Tribal Government does not receive funding from Bureau of Indian Affairs or Federal Highway Administration for the same work.
Private roads, including homeowners' association roads, are not eligible. However, roads owned by a Tribal Government may be eligible even if they are not open to the general public.
The incident may cause minor damage to roads that result in damage similar to that which may occur over time from other causes, such as the age of the road, traffic flow, and frequent rain. Therefore, distinguishing between pre-existing damage and damage caused by the incident is often difficult. For the repair of this type of damage to be eligible, the Applicant must demonstrate that the damage was directly caused by the incident.
When evaluating eligibility of reported road damage, in addition to evaluating how the incident caused the damage, FEMA reviews maintenance records or documentation establishing that the Applicant has a routine maintenance program. In the absence of maintenance records, FEMA reviews material purchase invoices and activity logs and inspects other sections of the Applicant’s road system to confirm the performance of normal maintenance activities.
Normal maintenance is not eligible. Work to repair potholes or fatigue cracking is generally ineligible as this type of damage is rarely caused directly by one incident.
This section provides an introduction to Permanent Work eligibility and an overview of eligibility considerations by facility.
This section also includes discussions on key eligibility considerations and relevant topics such as Codes and Standards, Hazard Mitigation, Repair vs. Replacement, Relocation, Facilities Located in Floodplains, and Capped Projects.
Permanent Work (Categories C-G) is work required to restore a facility to its pre-disaster design (size and capacity) and function in accordance with applicable codes and standards. All Permanent Work is subject to the eligibility of the facility. Temporary emergency repair or stabilization for the purpose of eliminating or lessening an immediate threat is Emergency Work.
Pre-disaster design means the size or capacity of a facility as originally constructed or subsequently modified. It does not mean the capacity at which the Applicant was using the facility at the time of the incident if different from the most recent designed capacity.
FEMA will only restore to predisaster design, function and capacity unless there is a code and standards or hazard mitigation measure that requires an upgrade. Otherwise changes would not be considered eligible.
If an Applicant designed and constructed an administrative building, but later altered it in accordance with applicable construction codes or standards to use as a school, the pre-disaster function would be as a school.
If the facility was serving an alternate function at the time of the incident, but was not altered to provide that function, FEMA provides Public Assistance funding to restore the facility either to the original pre-disaster function, OR pre-disaster alternate function, whichever costs less.
This section provides an introduction to Permanent Work eligibility and an overview of eligibility considerations by facility.
This section also includes discussions on key eligibility considerations and relevant topics such as Codes and Standards, Hazard Mitigation, Repair vs. Replacement, Relocation, Facilities Located in Floodplains, and Capped Projects.
Permanent Work (Categories C-G) is work required to restore a facility to its pre-disaster design (size and capacity) and function in accordance with applicable codes and standards. All Permanent Work is subject to the eligibility of the facility. Temporary emergency repair or stabilization for the purpose of eliminating or lessening an immediate threat is Emergency Work.
Pre-disaster design means the size or capacity of a facility as originally constructed or subsequently modified. It does not mean the capacity at which the Applicant was using the facility at the time of the incident if different from the most recent designed capacity.
FEMA will only restore to predisaster design, function and capacity unless there is a code and standards or hazard mitigation measure that requires an upgrade. Otherwise changes would not be considered eligible.
If an Applicant designed and constructed an administrative building, but later altered it in accordance with applicable construction codes or standards to use as a school, the pre-disaster function would be as a school.
If the facility was serving an alternate function at the time of the incident, but was not altered to provide that function, FEMA provides Public Assistance funding to restore the facility either to the original pre-disaster function, OR pre-disaster alternate function, whichever costs less.
This subsection of Emergency Work discusses activities designated as emergency protective measures and eligibility requirements surrounding them.
Emergency Protective Measures conducted before, during, and after an incident are eligible if the measures:
FEMA may require certification by Federal, State, Territorial, Tribal, or Local government officials that a threat exists, including:
Grouping of Common Emergency Protective Measures
The groupings align with the eligibility measures previously discussed. Emergency Protective Measures must:
The following emergency protective measures and costs are potentially eligible because the actions save lives or protect public health or safety. This list is not all-inclusive.
Protecting Improved Property
Emergency Protective Measures to protect improved property that are generally eligible include:
Emergency Protective Measures on Private Property
The Applicant must include the following support documentation with the claim for the work to be eligible:
If the above criteria are not met, the private property owner may be eligible for assistance under FEMA's Individual Assistance Programs. FEMA staff will coordinate to ensure the same work is not funded by both programs.
Private nonprofit organizations have specific and additional requirements they must meet in order to receive grant funding for emergency protective measures.
Emergency services are usually the responsibility of State, Local, Tribal, or Territorial governments. Therefore, private nonprofits are generally not legally responsible for emergency services and FEMA does not provide Public Assistance funding to private nonprofits for the costs associated with providing those services.
When a private nonprofit provides emergency services at the request of and is certified by the legally responsible government entity, FEMA provides Public Assistance funding through that government entity as the eligible Applicant. These services include:
Eligible Emergency Protective Measures for private nonprofits are generally limited to activities that prevent damage to an eligible facility and its contents.
Medical or Custodial Care
Private nonprofits that own or operate a medical or custodial care facility are eligible for direct reimbursement of costs related to patient evacuation. In limited circumstances, FEMA may also reimburse a private nonprofit directly when essential components of a facility are urgently needed to save lives or protect health and safety, such as an emergency room of a private nonprofit hospital or a private nonprofit sewage or water treatment plant.
Volunteer Fire Departments
A State, Territorial, Tribal, or Local government through an established agreement, may designate the private nonprofit volunteer fire department as an official recognized entity legally authorized to provide emergency services in specifically designated areas of coverage. FEMA may reimburse the volunteer fire department directly as an eligible Applicant.
Common Emergency Protective Measure 1
Costs related to pre-positioning resources specifically for the declared incident are eligible if the resources are used in the performance of eligible Emergency Work.
Pre-positioning resources for the purpose of evacuating, or providing emergency medical care during the evacuation period (such as ambulances and busses), is eligible even if those resources are not ultimately used, provided the staging of those resources was necessary and prudent based on the data at the time of staging.
Common Emergency Protective Measure 2
The Applicant may incur additional costs related to operating a facility as a result of the incident because of an increased demand for the services the facility provides.
These additional costs are only eligible if:
Potentially eligible increased operating costs include, but are not limited to, costs for:
Ineligible operating costs include, but are not limited to:
Common Emergency Protective Measure 3
A State, Territorial, Tribal, or Local government may provide emergency communication services and public transportation when existing systems are damaged to the extent vital functions of community life or incident response are disrupted.
Common Emergency Protective Measure 4
Flood fighting activities are eligible if necessary to reduce an immediate threat to life, public health and safety, or improved property.
Flood fighting activities may include, but are not limited to:
The repair of deliberate breaches made by the Applicant to accomplish dewatering is eligible as part of the Emergency Work project.
Common Emergency Protective Measure 5
The Applicant may use its Emergency Operations Center to direct and coordinate resources and response activities for a period of time. Response activities conducted at emergency operations centers are eligible provided they are associated with eligible work.
Costs associated with operating the executive Emergency Operations Center are also eligible, including, but not limited to:
Common Emergency Protective Measure 6
If the extent of damage makes access routes to an essential community service or to a community with survivors inaccessible, work related to providing access may be eligible.
Removal of debris from a privately-owned facility, including those within gated communities, is eligible only when all of the following conditions are met:
Common Emergency Protective Measure 7
The purchase of supplies and commodities required for emergency protective measures is eligible.
Common Emergency Protective Measure 8
Applicants often provide meals for emergency workers. Provision of meals, including beverages and meal supplies, for employees and volunteers engaged in eligible Emergency Work, including those at emergency operations centers, is eligible provided the individuals are not receiving per diem and one of the following circumstances apply:
FEMA only reimburses the cost of meals that are brought to the work location and purchased in a cost-effective and reasonable manner, such as bulk meals. FEMA does not reimburse costs related to group outings at restaurants or individual meals.
Common Emergency Protective Measure 9
When the emergency medical delivery system within a declared area is destroyed, severely compromised, or overwhelmed, FEMA may fund extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care of survivors.
Eligible medical care may include, but is not limited to:
Ineligible medical costs include:
Common Emergency Protective Measure 10
Evacuation and sheltering of survivors are eligible activities. This includes household pets and service and assistance animals, but not exhibition or livestock animals. The sheltering activity must have legal responsibility and being funded through the governmental entity.
Eligible evacuation and sheltering activities include:
Common Emergency Protective Measure 11
The U.S. Department of Health and Human Services Centers for Disease Control and Prevention has primary authority to enable support and assistance to States, Territorial, or Tribal Governments in response to an infectious disease event.
FEMA may provide assistance for the rescue, evacuation, and movement of persons; movement of supplies; and care, shelter, and other essential needs of affected human populations. Any assistance provided by FEMA in response to an infectious disease event is done in coordination with the U.S. Department of Health and Human Services Centers for Disease Control and Prevention.
Common Emergency Protective Measure 12
Mosquito abatement measures may be eligible when a State, Territorial, Tribal, or Local government public health official validates in writing that a mosquito population poses a specific health threat.
FEMA consults with the U.S. Department of Health and Human Services Centers for Disease Control and Prevention to determine the eligibility of mosquito abatement activities. FEMA only provides Public Assistance funding for the increased cost of mosquito abatement. This is the amount that exceeds the average amount based on the last 3 years of expenses for the same period.
Common Emergency Protective Measure 13
To reduce the number of survivors needing shelter, FEMA may provide limited Public Assistance funding to a State, Territorial, Tribal, or Local government to repair residential electrical meters. To receive Public Assistance funding, the State, Territorial, Tribal, or Local government must:
Only residential properties are eligible for this program. Commercial properties, including apartment complexes are not eligible.
Common Emergency Protective Measure 14
Post-incident safety inspections for public and private facilities are eligible, as well as posting appropriate placards (e.g., "red-tagging" a building that is unsafe).
The specific purpose of the inspection must be to determine whether the facility is safe for entry, occupancy, and lawful use.
The Applicant must clearly substantiate that the purpose of the inspection was for safety and not to assess damage. Building inspections are not eligible if the purpose of the inspection is to:
Removal and disposal of animal carcasses, including interim processing, is eligible. If the removal and disposal is conducted as part of the overall debris removal operations, the work may be funded as Category A.
FEMA may require certification from the State, Local, Tribal, or Territorial government health department, U.S. Department of Health and Human Services, or the U.S. Department of Agriculture that a threat to public health and safety exists.
FEMA does not provide Public Assistance funding when another Federal agency has authority to provide assistance for carcass removal and disposal.
Common Emergency Protective Measure 15
Emergency demolition of structures located on private property may be eligible when partial or complete collapse is imminent and that collapse poses an immediate threat to the general public.
Demolition of structures owned by commercial enterprises, including businesses, apartments, and condominiums, are generally ineligible.
In some instances, restricting public access to an unsafe structure and the surrounding area, such as securing the area with a fence, is sufficient to alleviate the immediate threat and is more cost-effective than demolition. In these cases, demolition is not eligible.
If a structure is condemned prior to the incident, emergency protective measures related to that structure are not eligible.
FEMA must review the Applicant's demolition process for compliance with all applicable environmental and historic preservation laws, regulations, and executive orders.
Common Emergency Protective Measure 16
If the applicant provides essential community services at a facility that is unsafe, inaccessible, or destroyed as a result of the incident, temporary relocation of these service to another facility is eligible.
Eligible temporary relocation of essential services includes, but are not limited to:
Common Emergency Protective Measure 17
If a natural or engineered beach has eroded to a point where a 5-year flood could damage improved property, cost-effective emergency protective measures on the beach that protect against damage from that flood are eligible.
Eligible measures typically include the construction of emergency sand berms to protect against additional damage from a 5-year flood. The Applicant may construct emergency berms with sand recovered from the beach or with imported sand. If the Applicant constructs the berm with imported sand, FEMA will only provide Public Assistance funding if the sand is from a source that meets applicable environmental regulations and one of the following circumstances exists:
Based on the average expected erosion for a 5-year flood, FEMA only provides Public Assistance funding for emergency berms constructed with up to 6 cubic yards per linear foot of sand above the 5-year stillwater elevation or the berm's pre-storm profile, whichever is less. In some cases, placing sand below the 5-year stillwater elevation may be necessary to provide a base for the berm. The placement of that sand is eligible as part of the emergency protective measure.
Common Emergency Protective Measure 18
Temporary emergency repair or stabilization of an eligible facility is eligible as Emergency Work if it eliminates or lessens an immediate threat.
Temporary emergency repair of a facility is not eligible if another Federal agency has the specific authority to provide assistance for the facility, such as for:
For Tribal Governments specifically, although the Bureau of Indian Affairs or Federal Highway Administration may have authority to provide temporary emergency repair of Tribal roads, such roads may be eligible for Public Assistance funding, provided the Tribal Government does not receive funding from Bureau of Indian Affairs or Federal Highway Administration for the work.
Common Emergency Protective Measure 19
If a landslide or other slope instability is triggered by the incident and poses an immediate threat to life, public health and safety, or improved public or private property, emergency protective measures to stabilize the slope may be eligible.
Eligible emergency protective measures include, but are not limited to:
Common Emergency Protective Measure 20
The incident may cause facilities to be inundated or exposed to wet and humid weather conditions for extended periods of time. These conditions may cause growth and spreading of mold in structures and on contents, causing threats to public health and increasing the repair cost.
The following remediation activities may be eligible as emergency protective measures:
For mold remediation to be eligible, mold must not be a result of poor facility maintenance or failure to take protective measures to prevent the spread of mold in a reasonable time after the incident.
Common Emergency Protective Measure 21
FEMA provides limited Public Assistance funding for snow-related activities when the President declares an incident as a snowstorm or specifically authorizes snow assistance in a declaration for a severe winter storm.
Snow-related activities are only eligible emergency protective measures when a winter storm event results in record or near-record snowfall. Snow assistance is authorized by county based on the finding that the county received record or near-record snowfall or meets the contiguous county criteria.
Snow-related activities that may be eligible include:
Limited Time Period for Work
Snow-related activities are eligible for a continuous 48-hour period to address the most critical emergency needs. Each Applicant designates the beginning of its 48-hour period. However, a State agency that conducts snow-related activities in multiple locations throughout a State, such as a Department of Transportation, may use different 48-hour periods for different locations.
Once FEMA approves a project for the Applicant's designated 48-hour period, the Applicant cannot change its selected period.
If the Applicant awards a contract for periods greater than the 48-hour period, Public Assistance funding is limited to the costs incurred during the 48-hour period.
The FEMA Assistant Administrator of the Recovery Directorate may extend the eligible period by 24 hours in counties, parishes, or Tribal Government areas where the snowfall exceeds the historical record snowfall by at least 50 percent.
Within Emergency Work are two Categories of Work: Category A and Category B. This subsection of Emergency Work discusses Category A: Debris Removal. Recall that Category A work pertains to debris removal. Debris eligibility can be complicated and incidents with extensive debris operations will often require FEMA to create a Debris Task Force with specialists to address the issues.
For more information on debris management and operations, please refer to the course: IS-632 Introduction to Debris Operations.
Common types of debris include, but is not limited to:
Category A debris removal activities are generally eligible when the work:
For a private nonprofit, eligible debris removal is limited to that associated with an eligible facility, including debris on the property of the eligible facility.
Generally, debris removal from the following is not eligible:
Each type of debris has its own requirements. Because of this, this subsection of Emergency Work will discuss the following common types of debris further:
After the discussion on common types of debris and their requirements, this module then dives into general considerations for all Category A work (i.e., disposal, costs, flood, environmental and historic preservation, and alternative procedures.
Another common type of debris is hazardous materials. The next two screens discuss eligibility considerations when dealing with the removal of this type of debris. Hazardous materials have properties that make it potentially harmful to human health or the environment.
Examples of types of hazardous material debris are:
For more information, please refer to Public Assistance Debris Management Guide or the online course: Introduction to Debris Operations course.
Public Assistance grant funding may be available for measures that address widespread hazardous materials contamination. Removal and disposal of pollutants and hazardous substances are generally eligible. Examples of potentially eligible activities include:
The Applicant must comply with Federal, State, Territorial, Tribal, and Local government environmental requirements for handling hazardous materials. Before handling or disposing of hazardous materials, the Applicant should contact the appropriate Federal, State, Territorial, or Tribal agency and obtain required permits.
Additionally, appropriate certified hazardous waste specialists should handle, capture, recycle, reuse, or dispose of hazardous materials. When providing Public Assistance funding for work involving the handling of hazardous materials, FEMA must ensure compliance with the Resource Conservation and Recovery Act.
The next category of debris and eligibility considerations that will be discussed over the next five screens are debris located in waterways.
The Applicant should be aware of the Ports and Waterways Safety Act (33 U.S.C. 1221). This Act states that the U.S. Coast Guard is responsible for keeping waterways safe and open. While there is no specific language stating that the U.S. Coast Guard is responsible for debris removal from waterways, the U.S. Coast Guard has been tasked to assist in waterway and marine transportation system recovery. Public Assistance and U.S. Coast Guard have the specific authority to remove hazardous materials. Public Assistance reimburses for the removing of such material from inland water zones and U.S. Coast Guard is responsible for coastal water zones.
Debris removal from waterways that is necessary to eliminate the immediate threat to life, public health and safety, or improved property may be eligible to receive Public Assistance funding. Removal of debris in a waterway that does not meet this criterion is not eligible, even if the debris is deposited by the incident.
For FEMA to determine if debris removal from waterways is eligible, the Applicant must provide documentation that:
Navigable Waterways
If the Applicant has legal responsibility for maintenance of a navigable waterway, removal and disposal of debris that obstructs the passage of vessels is eligible to a maximum depth of 2 feet below the low-tide draft of the largest vessel that utilized the waterway prior to the incident. Any debris below this zone is not eligible unless it is necessary in order to remove debris extending upward into an eligible zone.
Again, debris removal from federally maintained navigable waterways is not eligible the. U.S. Coast Guard and the U.S. Army Corps of Engineers have specific authorities for removal of hazardous substances, vessels, and other obstructions from federally maintained navigable waterways.
Non-navigable Waterways
Debris deposited by the incident may obstruct a natural waterway (a waterway not improved or maintained) or a constructed channel, including flood control works. Removal of the debris from the channel may be eligible if the debris poses an immediate threat, such as when the debris:
Applicants should be aware of the Natural Resources Conservation Service and how it may impact their grant:
Non-navigable Waterways
Additionally, the Applicant should be aware of the U.S. Army Corps of Engineers Rehabilitation and Inspection Program and how it may impact their grant:
Identifying Debris Impact Locations and Documentation
The Applicant is responsible for identifying debris deposited by the incident that poses an immediate threat. The Applicant should work with the Program Delivery Manager to determine what documentation is required to demonstrate debris impact locations.
The next common type of debris found after a disaster are privately owned vehicles and vessels. Removal of privately owned vehicles and vessels may be eligible if all of the following conditions are met:
A limited timeframe for vehicle and vessel storage may be eligible if it is necessary to remove the item prior to being able to identify the owner. If the owner is subsequently identified, the Applicant must return to FEMA the Federal share of any funds it recovers for storage costs.
If debris on private property is so widespread that it threatens public health and safety or the economic recovery of the community, FEMA may provide Public Assistance funding for debris removal from private property. This debris removal must be in the public interest, not merely benefiting an individual or a limited group of individuals within the community.
In limited circumstances, based on the severity of the impact of an incident, FEMA may determine that debris removal from private property is potentially eligible under the Public Assistance Program. In making its determination, FEMA evaluates whether the impacts of debris on private property affect the general public in that community and whether the Applicant has legal authority to perform the work.
In such cases, FEMA works with the State, Territorial, Tribal, and Local governments to designate specific areas where debris removal from private property, including private waterways, is eligible.
The following slides outline various requirements to determine if the debris on private property may be eligible for funding.
Written Request
Prior to commencing work on private property, the Applicant must submit a written request and receive approval from FEMA. The written request must include:
The Applicant needs to identify the specific properties or areas of properties for which it is requesting approval.
Public Interest Determination
The Applicant must provide the basis for the determination that removing the debris from the private property requested is in the public interest. The determination must be made by the State, Territorial, Tribal, county, or municipal government's public health authority or other public entity that has legal authority to make a determination that disaster-generated debris on private property in the designated area constitutes an immediate threat to life, public health, or safety, or to the economic recovery of the community at large.
Additionally, the Applicant must submit its established, specific legal requirements for declaring the existence of a threat to public health and safety.
Legal Authority and Responsibility
The Applicant not only must provide documentation to confirm its legal authority and responsibility to enter private property and remove disaster related debris, they must also comply with all the conditions of the Public Assistance grant requirements.
This includes:
Indemnification and FEMA Approval
The Applicant must indemnify the Federal Government and its employees, agents, and contractors from any claims arising from the removal of debris from private property.
FEMA will provide a written response to the request specifying any properties or area of properties for which debris removal is approved.
The Applicant must provide confirmation that it satisfied all legal processes and obtained permission requirements from the property owners (rights-of-entry) and agreements to indemnify and hold harmless the Federal Government before FEMA will provide PA funding for debris removal from private property.
Duplication of Benefits
When applying for Public Assistance grant funding, the Applicant must be aware of duplication of benefits, especially when dealing with private property.
The Applicant should work with private property owners to pursue and recover insurance proceeds and credit FEMA the Federal share of any insurance proceeds received. In some circumstances, FEMA may provide Individual Assistance to individuals for debris removal; consequently, FEMA Public Assistance staff will coordinate closely with Individual Assistance staff to ensure FEMA does not fund the same work under both programs.
Certain types of private properties have specific requirements for debris removal beyond the normal discussion of debris removal from, private property. Such examples are debris removal from gated communities and from commercial property.
Debris Removal from Gated Communities:
Debris removal from private residential property within a gated community is not eligible. However, if the debris is placed on a private road within the gated community, debris removal from the road may be eligible in accordance with the eligibility and request criteria listed in Chapter 2.VI.A.6 (a).
Debris Removal from Commercial Property:
Removal of debris from commercial properties, such as industrial parks, golf courses, cemeteries, apartments, condominiums, and trailer parks, is generally ineligible because commercial enterprises are expected to retain insurance that covers debris removal. In very limited, extraordinary circumstances, FEMA may provide an exception. In such cases, the Applicant must meet the requirements of Chapter 2.VI.A.6 (a) and (b).
FEMA provides Public Assistance funding for various costs related to disposing of debris. The Applicant should dispose of debris in an efficient and cost-effective manner.
Vegetative debris is bulky and can consume a significant volume of landfill space. To minimize the use of landfill space, FEMA encourages the Applicant to reduce the volume of vegetative debris before burying. Costs to reduce vegetative debris using methods such as mulching, grinding, or burning are eligible.
Certain types of construction and demolition debris are reusable or recyclable. The Applicant should conserve landfill space by separating materials for reuse or recycling.
Temporary Staging Sites
Establishing and operating a temporary staging site necessary for the purpose of debris separation and reduction is eligible. The cost to lease property is eligible. Additionally, if the terms of the lease require that the Applicant restore the leased property back to its condition prior to the Applicant's use, the costs related to that restoration are also eligible as part of the Category A project.
Hand-Loaded Trucks and Trailers
FEMA has determined that, for vegetative debris, hand-loaded trucks and trailers achieve approximately half the compaction level of mechanically loaded trucks and trailers. Therefore, FEMA only provides Public Assistance funding for 50 percent of the vegetative debris in hand-loaded trucks and trailers.
Similarly, trucks without solid tailgates cannot be compacted to full capacity. Therefore, FEMA will only fund a maximum of 85 percent of the debris in trucks without solid tailgates.
The Applicant must document the types and total quantity of debris that was hand-loaded and the types and total quantity of debris hauled in trucks without solid tailgates and provide this information to FEMA to ensure appropriate reductions are taken for this debris.
Tipping Fees
A tipping fee is the charge levied upon a given quantity of waste received at a waste processing facility. In the case of a landfill it is generally levied to offset the cost of opening, maintaining and eventually closing the site. Landfill tipping fees usually include fixed and variable costs, along with special taxes or fees assessed by the jurisdiction in which the landfill is located.
Eligible tipping fee costs are limited to the variable and fixed costs directly related to landfill operations, such as recycling tax. The components of tipping fees not directly related to landfill operations, such as special taxes or fees related to other government services or public infrastructure, are not eligible as part of the tipping fee. When providing Public Assistance funding for tipping fees, FEMA removes any ineligible components.
The Applicant may use a significant portion of the available capacity of a landfill to dispose of incident-related debris. Although FEMA provides Public Assistance funding for tipping fees, it cannot provide funding for the value of the loss of landfill capacity due to incident-related debris.
As stated previously, this module provided an overview of common types of debris removal and their requirements.
The next few slides discuss the general considerations an Applicant should make for all Category A projects. This includes the following:
Once completed, this module discusses Category B of Emergency Work.
The Applicant must provide debris types, quantities, reduction methods, and pickup and disposal locations for FEMA to determine the eligibility of debris removal operations.
FEMA requires the Applicant to monitor all contracted debris operations to document this information and ensure the contractor removes eligible debris. If the Applicant does not monitor these operations, Public Assistance funding for that work may be jeopardized.
Force Account resources (including temporary hires), contractors, or a combination of these may be used by the Applicant for monitoring. It is not necessary or cost-effective to have Professional Engineers or other certified professionals perform debris monitoring duties.
The use of staff more qualified than necessary for the associated work is considered an unreasonable cost. If staff with professional qualifications are used to conduct debris monitoring, the reason must be documented.
FEMA provides training to the Applicant's force account debris monitors upon request. Eligible debris monitoring activities may include:
Although debris removal is generally statutorily excluded from National Environmental Policy Act review, FEMA must ensure compliance with other Federal laws, regulations, and executive orders prior to funding the work. The Applicant should contact applicable Federal, State, Territorial, and Tribal regulatory agencies to ensure compliance with requirements and permits for debris-related operations.
Accordingly, FEMA must ensure that the Applicant's debris removal operations avoid impacts to floodplains, wetlands, federally listed threatened and endangered species and their critical habitats, and historic properties.
The Applicant must stage debris at a safe distance from property boundaries, surface water, wetlands, structures, wells, and septic tanks with leach fields.
Upon completion of debris removal and disposal, site remediation may be necessary at staging sites and other impacted areas.
For more information on environmental and historic preservation, please refer to the course: IS-1016 Environmental and Historic Preservation Considerations and Compliance.
The Applicant may elect to participate in one or more of the following Alternative Procedures for debris removal:
The Applicant must notify FEMA of its intent to participate in the pilot program by signing and submitting the Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement before obligation of its first debris removal project or within 60 days of its Recovery Scoping Meeting, whichever is sooner.
If the Applicant submits the acknowledgement and subsequently wishes to rescind its participation in one or more of the Alternative Procedures, it may do so provided it submits written notification prior to the obligation of its first debris removal project.
For more information on Alternative Procedures Pilot Program, please refer to the IS-1005 Public Assistance Alternative Procedures Pilot Program course
The next component of eligibility that this course focuses on is work eligibility. The Applicant's work to repair the damage must meet certain eligibility requirements for the Applicant to receive grant funding.
The first requirement of work eligibility is that it must meet minimum work eligibility requirements.
The second requirement of work eligibility is that it must fall within one of the categories of work. Through the Public Assistance program, FEMA provides grant funding for:
Minimum Work Eligibility
There are several factors that need to be considered when determining if work may be eligible for Public Assistance. At a minimum, work must meet each of the following three general criteria to be eligible:
Categories of Work
To facilitate the processing of Public Assistance funding, FEMA separates Emergency Work into two categories and Permanent Work into five categories based on general types of facilities.
Emergency Work addresses immediate threats, including:
Permanent Work addresses the restoration of the following:
The first section of this module discusses minimum work eligibility criteria. If the work does not meet these three criteria, even if the work falls under a Category of Work, the Applicant's project is generally ineligible.
One of the minimum work eligibility criterion is that the work is required as a result of the declared incident.
The Applicant is responsible for showing that work is required:
For debris removal, the Applicant must demonstrate that the debris causing an immediate threat was generated during the declared incident period and directly by the declared incident.
For temporary repairs, mold remediation, and Permanent Work, the Applicant must demonstrate that damage was caused directly by the declared incident.
FEMA does not provide Public Assistance funding for repair of damage caused by:
Documents (maintenance records, photos, etc.) are very important to validate the damages claimed by the incident to distinguish between pre-disaster and post-disaster damages.
A second minimum work eligibility criterion is that the work is required as a result of the declared incident.
To be eligible, work must be located in the designated area defined in the declaration (with the exception of sheltering and evacuation activities).
Emergency Work or Permanent Work performed on a facility located outside of the designated area is not eligible.
Tribal Governments do not always have geographical boundaries, and some have boundaries that cross state lines, therefore, Tribal Government declarations do not usually define specific designated geographical areas.
If a specific designated area is not defined in the declaration, FEMA determines eligibility based on legal responsibility and whether the work is directly related to the declared incident.
The last minimum eligibility criterion for work is that it must be the legal responsibility of the Applicant requesting assistance.
To determine legal responsibility for Emergency Work, FEMA evaluates whether the Applicant requesting the assistance either had jurisdiction over the area or the legal authority to conduct the work related to the request at the time of the incident.
FEMA determines legal responsibility for facility restoration by evaluating whether the Applicant claiming the costs had legal responsibility for disaster-related restoration of the facility at the time of the incident based on ownership and the terms of any written agreements (such as for facilities under construction, leased facilities, and facilities owned by a Federal agency).
There are several factors to consider when determining the legal responsibility of the Applicant. The next seven screens provide in-depth considerations when assessing the following factors:
The Applicant must have legal ownership of the facility that requires repair or restoration.
When an Applicant requests Public Assistance funding to restore a facility, it is the Applicant's responsibility to provide proof that it owns the facility. To determine ownership, FEMA may review deeds, title documents, and local government tax records.
Ownership of a facility is generally sufficient to establish the Applicant's legal responsibility to restore the facility, provided it is not under construction by a contractor or leased to another entity at the time of the incident.
The second type of legal ownership FEMA reviews when checking work eligibility is if the facility is under construction and who during that contract is legally responsible for repairing the damage.
If the facility is under construction by a contractor at the time of the incident, FEMA reviews the contract to determine whether the Applicant is legally responsible for the repair of damage caused by the incident. At a minimum, FEMA evaluates the contract to determine if it:
A third type of legal responsibility that FEMA reviews before providing grant funding is who in a lease has legal ownership to make repairs.
An Applicant may own a facility and lease it to a tenant, or an Applicant may lease a facility owned by another party. In either case, FEMA reviews the lease agreement to determine legal responsibility for repair of damage caused by the incident. If the lease does not specify either party as responsible, FEMA considers the owner of the facility legally responsible for the costs to restore the facility.
If the lease is between two eligible Applicants, FEMA provides Public Assistance funding to the Applicant legally responsible for the restoration.
Another type of legal ownership FEMA reviews before providing grants is if a facility is owned by a Federal agency.
Facilities owned and maintained by Federal agencies are not eligible. However, if a Federal agency constructed a facility and formally designated the Applicant as the legally responsible entity for facility operation, maintenance, and repairs, then the facility is eligible. FEMA reviews the agreement between the Federal agency and the Applicant to confirm the legally responsible entity.
A fifth type of legal responsibility that FEMA reviews is jurisdiction of an Applicant, specifically for Emergency Work.
In general, an Applicant only has legal responsibility to conduct Emergency Work activities within its jurisdiction. If an Applicant conducts Emergency Work activities outside its jurisdiction, it must demonstrate its legal basis and responsibility to conduct those activities.
A last type of legal responsibility that FEMA looks for before providing grant funding is an Applicant's legal basis for conducting work on private property.
To determine whether a State, Territorial, Tribal, or Local government has legal responsibility to conduct activities on private property, FEMA reviews the Applicant's legal basis and authority to conduct the activities.
FEMA is authorized to provide Public Assistance funding for Emergency Work, specifically, debris removal and emergency protective measures.
Emergency Work is that which must be done immediately to:
The next portion of this module will focus on eligibility considerations for Emergency Work.
Note: For private nonprofit Applicants, eligible Emergency Work is generally limited to that associated with an eligible private nonprofit facility as follows:
During the performance of Emergency Work, an Applicant may damage improved property, supplies, or equipment. The repair of this damage is eligible as part of that respective project if the damage was:
The Federal Emergency Management Agency refers to these components as the building blocks of the Eligibility Pyramid. Generally, FEMA must determine whether each building block is eligible, starting at the foundation (Applicant) and working up to the top of the pyramid (cost).
The Applicant is responsible for demonstrating that each component of the pyramid is eligible by providing supporting documentation.
There are two exceptions to the standard Eligibility Pyramid:
A facility is a building, works, system, or equipment (built or manufactured), or an improved and maintained natural feature. A facility must be deemed eligible to qualify for the Public Assistance Grant Program.
For Private nonprofits, the facility must be eligible in order for the work to be eligible.
For State, Territorial, Tribal, and local governments, the facility must be eligible in order for Permanent Work, temporary repairs, or mold remediation to be eligible.
An eligible public facility is one that a State, Territorial, Tribal, or Local government owns or has legal responsibility for maintaining, including any:
An eligible private nonprofit facility is one that provides educational, utility, emergency, medical, or custodial care, including for the aged or disabled, and other essential social services to the general public.
A mixed-use facility is a private nonprofit facility that provides both eligible and ineligible services. Eligibility of mixed-use private nonprofit facilities depends on the primary use of the facility, which is determined by the amount of physical space dedicated to eligible and ineligible services and applies to both emergency and permanent work.
If space is available for use, but the Applicant cannot support that it is used for eligible services for more than 50 percent of operating time, then the Applicant may not be eligible for Public Assistance. When FEMA determines that 50 percent or more of physical space is dedicated to ineligible services, the entire facility is ineligible.
In cases where a private nonprofit Applicant shares use of a facility, the facility must be primarily owned by the private nonprofit Applicant and meet the primary use requirement, in order to be eligible. FEMA prorates funding for these facilities based on the percentage of physical space that the Applicant owns and dedicates to eligible services. The following guidelines are used to determine the eligibility of such facilities:
If the eligible private nonprofit owns the entire facility and leases a portion of it to another entity, the facility is eligible provided that the private nonprofit dedicates more than 50 percent of the facility for eligible services.
If the private nonprofit leases 50 percent or more of the facility to an ineligible Applicant, or for ineligible services, then the facility is ineligible.
If the eligible private nonprofit only owns a portion of the facility, it is eligible provided that the private nonprofit owns more than 50 percent of the facility and dedicates more than 50 percent of physical space for eligible services.
Alternate use facilities may be eligible for Public Assistance grant funding.
Alternate use facility: A facility that was serving an alternate function at the time of the incident but was not altered to provide that function.
Following a Major Disaster Declaration, the U.S. Small Business Administration can provide loans to individuals and businesses for facility restoration.
For private nonprofits that provide non-critical, essential social services, FEMA only provides public assistance funding for eligible Permanent Work costs that a Small Business Administration loan won't cover.
Select this link for flowchart description.
Other Federal agencies also have authority to provide assistance after disasters. If a facility is under the specific authority of another Federal agency, FEMA does not provide assistance to restore that facility even if that Federal agency does not provide funding to restore the facility.
To be eligible, a facility must have been in active use at the start of the incident period. Inactive facilities are not eligible, unless one of the following conditions is met:
The above criteria also apply to facilities that are partially inactive at the start of the incident period. Inactive portions are not eligible unless one of the exceptions noted above applies.
When eligible repairs benefit an area that was not in active use, FEMA prorates funding based on the percentage of the facility that was in active use.
For private nonprofit facilities, more than 50 percent of the facility had to be in active use for an eligible purpose at the time of the incident in order for the facility to be eligible.
Facilities that are not yet under contract but scheduled for repair or replacement using non-Federal funds are eligible provided that the claimed damage did not exist prior to the incident (FEMA may review the bid and contract documents to validate).
FEMA provides this assistance based on authority in statutes, Executive Orders, regulations, and policies. If an entity does not comply with all applicable statutes, Executive Orders, regulations, and policies, FEMA may take one of several actions including disallowing all or part of the cost of the project not in compliance.
The mission of FEMA's Public Assistance Program is to provide assistance to State, Territorial, Tribal, and Local governments, and certain types of private nonprofit organizations so that communities can quickly respond to and recover from major disasters or emergencies declared by the President.
Through the Public Assistance Program, FEMA provides supplemental Federal disaster grant assistance for debris removal, emergency protective measures, and the restoration of disaster-damaged, publicly owned facilities and the facilities of certain private nonprofit organizations. The Public Assistance Program also encourages protection of these damaged facilities from future events by providing assistance for hazard mitigation measures.
Statutes are Federal laws passed by the U.S. Congress and signed by the President. All Public Assistance Program assistance must comply with all applicable statutes. The statute that authorizes FEMA to provide assistance via the Public Assistance Program is the Robert T. Stafford Act. The following sections of the Stafford Act specifically authorize the assistance FEMA provides under the Public Assistance Program:
Regulations are Federal rules with the force and effect of law that implement a statute based on a Federal agency's interpretation of that statute. FEMA and any entity receiving assistance must comply with all applicable Federal Regulations.
FEMA publishes Public Assistance Program rules in the following parts of 44 Code of Federal Regulations:
The Office of Management and Budget establishes regulations regarding administrative requirements, cost principles, and audit requirements in 2 Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Several statutes, Executive Orders, and regulations establish requirements to protect the environment and preserve the Nation's historic and prehistoric resources. FEMA must review each Public Assistance project to ensure the work complies with applicable Federal environmental and historic preservation laws and their implementing regulations, and applicable Executive Orders.
The Applicant is responsible for complying with applicable Federal, State, Territorial, or Tribal environmental and historic preservation laws even if FEMA is not providing Public Assistance funding for all of the work.
FEMA issues policy to articulate the Agency's intent and direction in applying statutory and regulatory authority to guide decision-making, achieve desired outcomes, and ensure consistent implementation of programs across the Nation.
FEMA generally publishes proposed Public Assistance policy language in the Federal Register for public comment prior to publishing in the Public Assistance Program and Policy Guide.
The Public Assistance Program and Policy Guide combines Public Assistance policy into a single volume and provides an overview of the Public Assistance Program implementation process with links to other publications and documents that provide additional process details.
The presidential declaration will establish:
The following slides take a closer look at each of the components of a presidential disaster declaration.
After the President has declared an emergency or major disaster and if a State, Territorial, or Tribal Government determines that an incident may exceed State, Territorial, Tribal, and Local government capabilities to respond, it requests a joint Preliminary Damage Assessment with FEMA. Federal, State, Territorial, Tribal, Local governments, and certain private nonprofit organization officials work together to estimate and document the impact and magnitude of the incident.
The Governor or Tribal Chief Executive must request a declaration from the President through FEMA within 30 days of the incident. FEMA may extend the deadline if the Governor or Tribal Chief Executive submits a written time extension request within 30 days of the incident stipulating the reason for the delay.
The Federal share has a minimum of 75 percent of eligible costs:
The President provides authorization for Federal assistance through two types of declarations. The declarations designate the type of incident.
Emergency Declarations:
Major Disaster Declarations:
The declaration also designates the types of authorized Federal assistance. The President may authorize assistance to:
The type of assistance available may vary among designated areas and FEMA may add additional types of assistance after the declaration. However, for FEMA to consider adding additional types of assistance, the Governor or Tribal Chief Executive must request the assistance within 30 days of the declaration date or the end of the incident period, whichever is later. FEMA may extend the deadline if the Governor or Tribal Chief Executive submits a written time extension request within the 30-day deadline with justification of the inability to meet the deadline.
Before FEMA can provide any assistance through the Public Assistance Program, the declared State, Territorial, and/or Tribal Government must submit form SF 424, which is an Application for Federal Assistance, and form SF 424 - D, which includes assurances.
FEMA provides Public Assistance funds via the U.S. Department of Health and Human Services Payment Management System.
Additionally, after every declaration, the applicable State, Territorial, or Tribal Government must enter into an agreement with FEMA regarding the understanding, commitments, and conditions under which FEMA will provide assistance (FEMA-State/Territory/Tribe Agreement).
FEMA and the Governor or Tribal Chief Executive must sign this agreement before FEMA provides assistance. If necessary, because of exigent circumstances, FEMA may authorize essential emergency services or housing assistance under the Individuals and Households Program while the agreement is in process for signature.
The presidential declaration also designates the incident period.
The incident period is:
The declaration likewise designates which areas (e.g., county, parish, city, Tribal Government) are eligible to receive Federal assistance.
FEMA may add additional areas after the initial designation. However, for FEMA to consider adding an additional area, the Governor or Governor's Authorized Representative or, for Tribal declarations, the Tribal Chief Executive or Tribal Authorized Representative must request the addition within 30 days of the declaration date or the end of the incident period, whichever is later.
FEMA may extend the deadline if the Governor, Governor's Authorized Representative, Tribal Chief Executive, or Tribal Authorized Representative submits a written time extension request within the 30-day deadline with justification of the inability to meet the deadline.
The declaration also identifies the Federal Coordinating Officer. The Federal Coordinating Officer works in partnership with the State Coordinating Officer and Governor's Authorized Representative (or for Tribal declarations, the Tribal Coordinating Officer and Tribal Authorized Representative) to coordinate Federal resources and disaster assistance programs.
FEMA and the State, Territorial, or Tribal Government may initially operate at Emergency Operations Centers and, when warranted, subsequently establish a Joint Field Office for Federal, State, Territorial, and Tribal government coordination and administrative activities.
The Stafford Act authorizes FEMA to provide Public Assistance funding for specific work performed as a result of the incident. It does not authorize FEMA to provide Public Assistance funding for all losses or costs resulting from the incident.
Examples of Common Ineligible Costs include but are not limited to:
Duplication of Benefits:
FEMA is legally prohibited from duplicating benefits from other sources. If the Applicant receives funding from another source for the same work that FEMA funded, FEMA reduces the eligible cost or de-obligates funding to prevent a duplication of benefits. For example, FEMA cannot provide Public Assistance funding that duplicates insurance proceeds. When it comes to non-Federal grants and cash donations, duplication depends on whether the funds are provided toward a specific purpose and whether that specific purpose is otherwise eligible for Public Assistance funding.
Loss of Revenue:
FEMA cannot provide Public Assistance funding for revenue lost as a result of the incident. The following are examples of when loss of revenue may occur as a result of an incident:
Examples of Common Ineligible Costs include but are not limited to (continued):
Loss of Useful Service Life:
FEMA cannot provide Public Assistance funding for the projected loss of useful service life of a facility. For example, if a road has been inundated by flood waters for an extended period of time, FEMA cannot provide Public Assistance funding for the value of the projected loss of useful life of the road due to the long-term effects the inundation might have on the road.
Tax Assessments:
State, Territorial, Tribal, and Local governments may conduct tax assessments to re-assess real property values after an incident. Costs related to conducting these assessments are not eligible because the assessments are neither essential to addressing an immediate threat to life or improved property, nor connected with the permanent restoration of eligible facilities.
Increased Operating Costs:
Increased costs of operating a facility or providing a service are generally not eligible, even when directly related to the incident. However, short-term increased costs that are directly related to accomplishing specific emergency health and safety tasks as part of emergency protective measures may be eligible.
Common Emergency Protective Measure 14
Post-incident safety inspections for public and private facilities are eligible, as well as posting appropriate placards (e.g., "red-tagging" a building that is unsafe).
The specific purpose of the inspection must be to determine whether the facility is safe for entry, occupancy, and lawful use.
The Applicant must clearly substantiate that the purpose of the inspection was for safety and not to assess damage. Building inspections are not eligible if the purpose of the inspection is to:
The next common type of debris found after a disaster are privately owned vehicles and vessels. Removal of privately owned vehicles and vessels may be eligible if all of the following conditions are met:
A limited timeframe for vehicle and vessel storage may be eligible if it is necessary to remove the item prior to being able to identify the owner. If the owner is subsequently identified, the Applicant must return to FEMA the Federal share of any funds it recovers for storage costs.
The next category of debris and eligibility considerations that will be discussed over the next five screens are debris located in waterways.
The Applicant should be aware of the Ports and Waterways Safety Act (33 U.S.C. 1221). This Act states that the U.S. Coast Guard is responsible for keeping waterways safe and open. While there is no specific language stating that the U.S. Coast Guard is responsible for debris removal from waterways, the U.S. Coast Guard has been tasked to assist in waterway and marine transportation system recovery. Public Assistance and U.S. Coast Guard have the specific authority to remove hazardous materials. Public Assistance reimburses for the removing of such material from inland water zones and U.S. Coast Guard is responsible for coastal water zones.
Debris removal from waterways that is necessary to eliminate the immediate threat to life, public health and safety, or improved property may be eligible to receive Public Assistance funding. Removal of debris in a waterway that does not meet this criterion is not eligible, even if the debris is deposited by the incident.
For FEMA to determine if debris removal from waterways is eligible, the Applicant must provide documentation that:
Navigable Waterways
If the Applicant has legal responsibility for maintenance of a navigable waterway, removal and disposal of debris that obstructs the passage of vessels is eligible to a maximum depth of 2 feet below the low-tide draft of the largest vessel that utilized the waterway prior to the incident. Any debris below this zone is not eligible unless it is necessary in order to remove debris extending upward into an eligible zone.
Again, debris removal from federally maintained navigable waterways is not eligible the. U.S. Coast Guard and the U.S. Army Corps of Engineers have specific authorities for removal of hazardous substances, vessels, and other obstructions from federally maintained navigable waterways.
Non-navigable Waterways
Debris deposited by the incident may obstruct a natural waterway (a waterway not improved or maintained) or a constructed channel, including flood control works. Removal of the debris from the channel may be eligible if the debris poses an immediate threat, such as when the debris:
Applicants should be aware of the Natural Resources Conservation Service and how it may impact their grant:
Non-navigable Waterways
Additionally, the Applicant should be aware of the U.S. Army Corps of Engineers Rehabilitation and Inspection Program and how it may impact their grant:
Identifying Debris Impact Locations and Documentation
The Applicant is responsible for identifying debris deposited by the incident that poses an immediate threat. The Applicant should work with the Program Delivery Manager to determine what documentation is required to demonstrate debris impact locations.
While broken limbs or branches are common types of vegetative debris and are generally eligible, there are several factors that need to be taken into consideration when making an eligibility recommendation. For instance, the Applicant should take into account the location of the broken limb or branch; specifically, whether it is on public land or is it on private property. The location will help FEMA determine whether the limb or branch may be eligible for Public Assistance.
Generally, not eligible unless the following occurs:
A broken limb or branch that is located on private property is generally not eligible. FEMA may consider funding removal when:
FEMA may consider trees to be hazardous and eligible if the Applicant can attribute the damage to the incident and if the tree's diameter is 6 inches or greater, measures at least 4.5 feet above ground level, and has one or more of the following characteristics:
In instances where a disaster-damaged tree has 50 percent or more of the root-ball exposed, the tree may be eligible for removal and the root-ball may be eligible for filling. Should FEMA determine that the tree is eligible for funding, the Applicant should note that:
A stump with 50 percent or more of the root-ball exposed may be eligible for removal and filling in of the root-ball hole. If grinding a stump in-place is less costly than extraction, grinding the stump in-place may be eligible.
Stump removal in areas with known or high potential for archaeological resources usually requires FEMA to further evaluate and consult with the State or Tribal Historic Preservation Officer. If the Applicant discovers any potential archeological resources during stump removal, the Applicant must immediately cease work and notify FEMA.
The Applicant should note that when a stump is removed by contracted services, FEMA reimburses contracted costs charged on a per-stump basis if:
The Applicant must ensure the price for stump removal includes extraction, transport, disposal, and filling the root-ball hole.
This page presents information on federal environmental laws and executive orders applicable to FEMA's actions.
Regulations are Federal rules with the force and effect of law that implement a statute based on a Federal agency's interpretation of that statute. FEMA and any entity receiving assistance must comply with all applicable Federal Regulations.
FEMA publishes Public Assistance Program rules in the following parts of 44 Code of Federal Regulations:
The Office of Management and Budget establishes regulations regarding administrative requirements, cost principles, and audit requirements in 2 Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
The grant life cycle outlines the process by which Applicants apply for, receive, and use grant funding.
Throughout the grant life cycle, Applicants are required to manage and monitor its grants. This also includes meeting certain requirements that are placed on Applicants receiving Public Assistance grant funding. Grant management and monitoring includes:
Grant management and monitoring is most important after the grant award and project funding have been obligated. This often coincides with the closure of the Joint Field Office, when FEMA transitions Public Assistance operations to the regional office and transitions grant oversight responsibility to the Recipient.
During the Recovery Transition Meeting, the Program Delivery Manager, Applicant, and Recipient discuss insurance requirements, conditions that have been placed on the project, and Determination Memos. This is the formal hand off from the field staff to Regional staff and the Recipient (Applicant Liaison).
Common Mistake
Not including the required contract clauses.
Avoidance Strategy
An Applicant's contracts must contain the applicable contract clauses described in Appendix II of the Uniform Rules (Title 2 of the Code of Federal Regulations). These clauses include:
Additional information on these clauses may be found here in Title 2 of the Code of Federal Regulations section 200.326 and Part 200, Appendix II, Required Contract Clauses.
A common mistake Applicants make in procurement and contracting is related to emergency contracting and noncompetitive procurement.
Common Mistakes
Avoidance Strategy
State governors, Tribal officials and local officials cannot waive Federal procurement standards. Therefore, even during a governor-declared state of emergency, Recipients and Applicants must remember to follow Federal regulations regarding noncompetitive procurement. This includes ensuring exigent or emergency conditions are met and maintaining proper documentation. Failure to comply with Federal procurement standards may jeopardize grant funding.
If the Applicant decides to appeal FEMA’s eligibility decision, they must go through the appeals process.
The process for FEMA to reconsider a determination or decision follows a sequence of steps. Including:
There are a handful of common pitfalls that the Consolidated Resource Center identifies when determining eligibility for Public Assistance funding:
The Public Assistance Delivery Model has four phases, each with its own objective. Breaking the model up into phases allows for greater transparency and tracking of Applicants' grants.
Phase I: Operational Planning Objective: Identify Applicants' disaster impacts and recovery priorities.
Phase II: Damage Intake & Eligibility Analysis Objective: Capture Applicants' disaster-related damages and determine eligibility within 60 days of the Recovery Scoping Meeting.
Phase III: Scoping & Costing III Objective: Develop the Damage Description and Dimensions, scope of work, and actual costs for Completed/Fully Documented projects, or develop the scope of work and cost estimates for Standard and Specialized projects. The Consolidated Resource Center also validates Applicant-provided scope of work and cost estimates.
Phase IV: Obligation Objective: Obligate projects, complete the Recovery Transition Meeting with the Applicant, and transition Field Operations to the Region.
Water Control Facilities are those facilities built for the following purposes:
Channel alignment
Recreation
Navigation
Land reclamation
Maintenance of fish and wildlife habitat
Interior drainage
Irrigation
Erosion prevention
Flood control
They include: dams and reservoirs, levees, lined and unlined engineered drainage channels, canals, aqueducts, sediment basins, shore protective devices, irrigation facilities (although PNP irrigation facility eligibility is limited), and pumping facilities.
Public assistance eligibility is limited for facilities built specifically for flood control (e.g., dams, levees, and flood control channels) (see Flood Control Works). Those built for other purposes as listed above are evaluated as any other eligible facility. (See Categories of Work.)
References: Section 102(9)(A) of the Stafford Act 44 CFR §206.221(h)
Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, FEMA Policy 9524.3, dated August 17, 1999
Public Assistance Guide, FEMA 322, pages 66, 82-83
Trees, Shrubs, and Other Ground Cover are not eligible for replacement under the Public Assistance Program. This policy applies to trees and shrubs in recreational areas, such as parks, as well as trees and shrubs associated with public facilities, such as those located in the median strips along roadways and as landscaping for public buildings. Grass and sod are eligible only when necessary to stabilize slopes and minimize sediment runoff.
This policy does not affect removal of tree debris or the removal of trees as emergency protective measures. FEMA will reimburse for the removal of tree debris and the removal of eligible trees (or uprighting and bracing, if less costly) as emergency protective measures if the removal does one of the following:
Eliminates an immediate threat to lives, public health, and safety; or
Eliminates the immediate threats of significant damage to improved public or private property.
However, FEMA will not pay further costs or reimburse for the replacement of uprighted or braced trees.
If the trees themselves are the facility (e.g., a sewage filtration system), FEMA may determine them as eligible.
References: Trees, Shrubs, and Other Plantings Associated with Facilities, FEMA Policy 9524.5, dated July 18, 2007
Public Assistance Guide, FEMA 322, page 87
Temporary Employees are extra personnel hired as a direct result of the disaster to perform eligible work. An example of a temporary employee would be a laborer hired to perform repairs to roads damaged during the disaster.
Regular and overtime labor costs are eligible for both emergency and permanent work performed by temporary employees when they are doing eligible work.
Seasonally employed personnel, when covered under existing budgets and used for a disaster during the normal season of employment, are considered permanent employees for the purpose of cost eligibility. If they are employed outside their normal season, they are considered temporary employees.
References: Sections 406(a)(2)(C) and 406(f)(5) of the Stafford Act Public Assistance Guide, FEMA 322, page 43
Following disasters, State and local governments may conduct Tax Assessments to reassess real property values within their jurisdictions. Although property reassessments may be the legal responsibility of the applicant following a disaster, they are not eligible for reimbursement under the Stafford Act because the reassessments are neither essential to meeting an immediate threat to life or improved property nor connected with the permanent restoration of eligible facilities.
References: Sections 403 and 406 of the Stafford Act 44 CFR §206.223
Post-Disaster Property Tax Assessment, FEMA Policy 9525.1, dated November
30, 1998
Normally, damaged trees requiring removal are cut flush at the ground. However, when a disaster uproots a tree or stump (i.e., 50% or more of the root ball is exposed) on a public right-of-way, improved public property, or improved property owned by certain private nonprofit organizations, and the exposed root ball poses an immediate threat to life, public health, and safety, FEMA may provide assistance to remove (i.e., extract, transport, dispose of, and provide fill for the root cavity of) an eligible uprooted tree or stump.
When eligible, stump removal must be accomplished by the most economical means.
Damaged trees on private property rarely meet the public interest standard because they do not affect the public at large and generally are not the legal responsibility of a State or local government. Trees are the responsibility of the property owner.
There are size requirements. Those requirements and other limitations on the eligibility of stump removal are described in FEMA Policy 9523.11, Hazardous Stump Extraction and Removal Eligibility.
(See also Trees, Shrubs, and Other Ground Cover.)
References: Hazardous Stump Extraction and Removal Eligibility, FEMA Policy 9523.11, dated May 15, 2007
Public Assistance Guide, FEMA 322, pages 68-69
FEMA uses the term Special Considerations to describe issues other than program eligibility that could affect the scope of work and funding for a project. These issues include insurance, hazard mitigation measures, and environmental and historic preservation compliance with Federal laws, regulations, and Executive Orders.
To expedite the approval of grant funds, FEMA strives to identify and resolve Special Considerations issues as early in the recovery process as possible. To accomplish this objective:
Teams work to identify Special Considerations during the Preliminary Damage Assessment (see Preliminary Damage Assessment (PDA))
FEMA meets with the State and other agencies that might be involved in Special Considerations to outline strategies for resolving Special Considerations issues
The PAC Crew Leader (see Public Assistance Coordination (PAC) Crew Leader) works with the applicant to identify Special
Considerations issues as early as possible in the project formulation process
FEMA provides Specialists to review Special Considerations issues at the Joint Field Office
The applicant has a critical role in the identification and quick resolution of Special Considerations issues. By being aware of the way in which these issues can affect projects, the applicant can assist FEMA by identifying the issues as early as possible and providing the information necessary for review.
(See Floodplain Management, Insurance, Flood Insurance, Hazard Mitigation–Section 406, National Environmental Policy Act (NEPA), and National Historic Preservation Act (NHPA).)
Reference: Public Assistance Guide, FEMA 322, pages 115-136
The following list outlines the general Sequence of Events during a disaster.
This sequence may vary based on the circumstances of the disaster.
Disaster occurs
Local response – emergency operations center activation - declaration of state of emergency
Continue emergency work – maintain records (labor, equipment, materials, and contracts)
Compile initial estimated damage. Report to State emergency management agency
Evaluate needs and request State/Federal assistance
Federal/State survey of need – Preliminary Damage Assessment
Governor’s request for Federal assistance
Presidential declaration
Designate applicant’s agent
Attend Applicants’ Briefing and submit a Request for Public Assistance
Attend Kickoff Meeting with Public Assistance Coordination (PAC) Crew Leader – discuss project formulation
Prepare Project Worksheets – work with the PAC Crew Leader
Address applicable Special Considerations (floodplain management, insurance, hazard mitigation and compliance with environmental and historic preservation laws)
Complete application for Federal funds
Maintain required documentation (labor, equipment, materials, and contracts)
Receive payment of small projects - for Federal share and possibly State share
Complete approved disaster work within time allowed
Request final inspections
Submit documents for final inspection, program review, and close-out
Receive reimbursement – final payment on large projects
Keep all documentation for 3 years from date of final Financial Status Report, or follow State and applicant record retention policies if they require retention beyond 3 years
When buildings that house essential community services, such as school classrooms, police and fire department facilities, government offices, and certain private nonprofit functions, such as critical health facilities, are damaged extensively enough that they cannot be used until repairs are made, Temporary Relocation of the essential services may be necessary. Criticality of the service and safety of the facility are the factors used to determine the need for temporary relocation. The costs associated with temporary relocation are eligible but are subject to cost comparisons of alternate methods of providing facilities. Maintenance, utilities and operating costs of the temporary facility are not eligible.
The decision whether to rent or purchase space and equipment must be based on cost effectiveness. The length of time that rental or purchase costs are eligible will be based on the time estimated to complete repair work that will bring the damaged facility to pre-disaster design. Normally, the period of time for which temporary relocation assistance may be provided is 6 months, based on the regulatory time limitation for the completion of emergency work (44 CFR 206.204(c)). Extensions are possible if the applicant can document extenuating circumstances and the progress required by FEMA policy (see Time Limits).
References: Section 403(a)(3)(D) of the Stafford Act
Provision of Temporary Relocation Facilities, FEMA Policy 9523.3, dated July 16, 1998
Medical Care and Evacuations, FEMA Policy 9525.4, dated August 17, 1999
Public Assistance Guide, FEMA 322, pages 38-39, 73, 138-139
An applicable Federal, State, or local standard, such as a floodplain management regulation, may require that a damaged facility be relocated away from a hazardous area. Permanent Relocation of a facility may also be required by FEMA if the facility is subject to repetitive heavy damage because of its location. In either case, the relocation project will only be approved if it is cost effective when project costs are compared with future damages, and not barred by any other FEMA regulations or policies. Generally, the project will be cost effective only if the damage is severe enough that the facility qualifies for replacement.
Eligible costs included in a relocation project include:
Demolition and removal of the old facility
Land acquisition
Construction of the new facility
Ancillary facilities, such as roads and utilities
When a relocation project is approved, no future Public Assistance funding for the repair or replacement of any facility subsequently built at the old site will be approved. An exception is given for facilities or structures that facilitate an open space use. Examples include minimal facilities for a park, such as benches, tables, restrooms, or minor gravel roads.
If relocation is not desirable, feasible, or cost effective, and restoration of the facility in its original location is not practicable or allowed because of floodplain, environmental, or other considerations or laws, then the applicant may request that the funding be applied to an alternate project (see Alternate Projects).
References: 44 CFR §206.226(g)
Permanent Relocation, FEMA Policy 9580.102, dated November 2, 2006
Public Assistance Guide, FEMA 322, pages 39-40
The definition of cost eligibility states that a cost must be reasonable and necessary to be eligible. What is a Reasonable Cost? A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In other words, a reasonable cost is a cost that is both fair and equitable for the type of work being performed. For example, charging $50/hour for a backhoe is unreasonable when the going rate for a backhoe is $25/hour. There are several ways reasonable costs are established, such as:
Historic documentation for similar work
Average costs for similar work in the area
Published unit costs from national cost estimating databases
FEMA cost codes, equipment rates, and engineering and design service curves
The reasonable cost requirement applies to all labor, materials, equipment, and contract costs awarded for the performance of eligible work.
References: Office of Management and Budget Circulars A-21, A-87, Attachment A.C.2, and A-122
Public Assistance Guide, FEMA 322, pages 40-41, 51
The Preliminary Damage Assessment (PDA) is a joint venture of FEMA, the State, and applicants to document the impact and magnitude of the disaster on individuals, families, businesses, and public property and to gather information for disaster management purposes. The Governor will use the information gathered during the PDA process to determine whether Federal assistance should be requested and forms the basis for the disaster declaration.
The PDA is conducted once the State determines that the recovery effort may be beyond State and local capabilities. State officials will ask the appropriate FEMA Regional Office to conduct a joint PDA with State and local officials in those areas defined by the State. All the damages or expenses must be assigned to the county or independent city in which they occurred, even those that belong to State agencies. After the PDA teams have documented the damage, the Governor will determine whether to request Federal disaster assistance. The Governor may limit the request for assistance or may seek the full range of assistance authorized under the type of declaration being requested. The Governor’s request is addressed to the President but submitted through the appropriate FEMA Regional Administrator.
References: 44 CFR §206.33
Public Assistance Guide, FEMA 322, pages 2, 90-91
The costs of restoring damaged facilities are eligible for public assistance funding, but only on the basis of the facility’s Pre-Disaster Design, Function, and Capacity.
Pre-disaster design is defined as the size and capacity of a facility as it existed immediately prior to the disaster. There are two restrictions to restoration based on the pre-disaster design:
1. If a facility was being used for lesser purposes than those for which it was designed, restoration will only be eligible to the extent necessary to restore the immediate pre-disaster use or the pre-disaster design, whichever costs less.
2. If a facility was inactive at the time of the disaster (see Inactive Facilities), restoration will not be eligible except in those instances:
» Where the facility was only temporarily inoperative for repairs or remodeling
» Where the facility was unoccupied for a short time between tenants
» Active use by the applicant was firmly established in an approved budget
» Where the owner can clearly demonstrate to FEMA that there was an intent to begin use within a reasonable time
Cost-effective hazard mitigation projects may alter the pre-disaster design of a facility but may be included in the repair, if approved by FEMA (see Codes and Standards).
Pre-disaster function means the function the facility was performing immediately prior to the disaster. For example, if a school gymnasium was damaged in an earthquake and the school district proposes to convert the space into an office complex, only the repairs to return the building to its use as a gymnasium would be eligible. The conversion to office space could be proposed as an alternate project (see Alternate Projects).
The restored facility must operate at the capacity available before the disaster. For example, if a school with a capacity of 100 students is damaged beyond repair, the eligible replacement facility must be designed for no more than 100 students. A larger facility with greater capacity could be proposed as an improved project (see Improved Projects).
References: Section 406(e) of the Stafford Act
44 CFR §206.201(h) and §206.226(k)(1) and (2)
Public Assistance Guide, FEMA 322, pages 27, 34, 36, 79, 83, 110, 125
Permanent Work is that which is required to restore a damaged facility, through repair or restoration, to its pre-disaster design, function, and capacity in accordance with applicable codes and standards. The work is grouped into categories (see Categories of Work).
There are three basic criteria for permanent work:
Design: FEMA provides funds to restore a facility to its pre-disaster design or to a design in accordance with an applicable standard. If a gravel road is washed out during a flood, FEMA cannot provide a grant to replace the gravel with a paved surface.
Function: The facility must perform the same function that it was performing (or designed to perform, if less costly) before the disaster. For example, a school gymnasium is in need of repair after an earthquake. The school district proposes to convert the space into a two-story office complex. Only the repairs to the gym are eligible. FEMA cannot provide a grant for the conversion to office space, except as an alternate project.
Capacity: The restored facility must operate at the capacity available before the disaster. For example, a school designed for 100 students is damaged beyond repair during a hurricane. The eligible replacement facility must be designed for no more than 100 students. FEMA will not reimburse for the cost to build a larger school required due to a greater service area or over-utilization of
space. If code dictates a larger area per unit of capacity (e.g., greater square footage per student), only then will FEMA pay to increase the size of the building. A large school with greater student capacity could be requested as an improved project.
FEMA may make exceptions to these criteria for Alternate and Improved Projects (see Alternate Projects and Improved Projects).
References: Section 406 of the Stafford Act
44 CFR §206.201(g) and §206.226
Public Assistance Guide, FEMA 322, pages 66, 79-87
For certain types of facilities, disaster assistance is the responsibility of a Federal agency other than FEMA. FEMA cannot provide assistance for the permanent repair of these facilities. This restriction applies even if the authorized agency decides not to provide assistance.
Other Federal Agencies with authority to provide disaster assistance include the following:
Federal Highway Administration (FHWA): assistance with damage to roads and bridges on the Federal-Aid Roads, including debris removal (see Federal-Aid Roads)
U.S. Army Corps of Engineers: repair of locally owned flood control works, such as dams, levees, floodwalls, and flood control channels (see Flood Control Works)
Natural Resources Conservation Service: repair of locally owned flood control works (see Flood Control Works), and removal of debris from stream channels, road culverts, and bridges
Department of Housing and Urban Development (HUD): assistance with damaged properties of public housing authorities
FEMA cannot assist with permanent repairs to these facilities. However, in some cases when there is an emergency need, FEMA may fund emergency work if the authorized agency does not provide assistance and there is an immediate threat to public health and safety. For example, if the FHWA decides not to provide funds to clear debris from a Federal-Aid road, FEMA may fund the work in a limited way, on a case-by-case basis if there is an immediate threat to the public health and safety. Additionally, the coordination agreement between FEMA and HUD authorizes FEMA to fund disaster-related emergency work (but not permanent work) for disaster-damaged public housing authority properties.
Some Federal agencies own facilities but turn responsibility for operation and maintenance of these facilities over to local agencies. Examples include:
Roads constructed by the U.S. Forest Service
Reservoirs and water delivery systems constructed by the U.S. Bureau of Reclamation
FEMA may provide assistance for the permanent repair of these facilities if the agreement between the Federal and local agencies specifically assigns responsibility for repairs to the local agency (see Legal Responsibility).
References: Sections 102(8) and 312 of the Stafford Act 44 CFR §206.226(a)
Public Housing Authorities, FEMA Policy 9523.7, dated April 14, 2003
Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, FEMA Policy 9524.3, dated August 17, 1999
Eligibility for Permanent Repair and Replacement of Roads on Tribal Lands, FEMA Policy 9524.8, dated July 24, 2007
Public Assistance Guide, FEMA 322, pages 23-26, 28, 41, 44
National Historic Preservation Act (NHPA) Section 106 requires that Federal agencies take into account the effects a project will have on historic resources and allow the Advisory Council on Historic Preservation the opportunity to comment on the effects of the project. Historic resources include districts, structures, objects, landscapes, archaeological sites, and traditional cultural properties included on, or eligible for inclusion on, the National Register of Historic Places. Restoration of historic landscapes and other facilities are limited by FEMA eligibility policies.
FEMA activities requiring NHPA compliance include repair or restoration of historic structures, demolition or removal of historic structures, and improved, alternate, or relocated projects affecting undisturbed areas that may contain archeological sites or have cultural, historic, or pre-historic significance. (See Alternate Projects, Improved Projects, and Relocation, Permanent.) FEMA is required to make a good faith effort to identify historic properties within a given project area’s potential effect.
The NHPA requires FEMA to:
Identify historic properties that may be affected by Federally funded activities
Evaluate the effects of the proposed work on historic properties
Consult with the State Historic Preservation Officer (SHPO)/Tribal Historic Preservation Officer (THPO), the Advisory Council on Historic Preservation and other interested parties
Proceed with the work only after completing the historic review process
The NHPA encourages FEMA to establish “programmatic agreements” with the State emergency management agencies, SHPOs/THPOs, and the Advisory Council. A “programmatic agreement” outlines roles and responsibilities, streamlines the process for compliance with Section 106 of the NHPA for certain types of projects, and identifies types of projects that are excluded from NHPA review.
References: 36 CFR 800
Section 106 of the National Historic Preservation Act
Model Programmatic Agreement – Historic Review, FEMA Policy 9560.3, dated May 29, 2002
Public Assistance Guide, FEMA 322, pages 130-131
A Mutual Aid Agreement is an agreement between jurisdictions or agencies to provide services across boundaries in the event of an emergency or major disaster. The conditions of the agreement can be to provide reciprocal services or direct payment for services. FEMA will reimburse mutual aid costs for emergency work provided that:
The entity that received the aid was charged for that aid. For example, Green County removes debris in Blue County. As part of their mutual aid agreement, Green County charges Blue County for the work. FEMA may provide funding to Blue County
Payment under the agreement is not contingent on receipt of Federal funding
The receiving entity can provide documentation of work accomplished, the billing for assistance, and payment for services
The claimed costs are reasonable
The claimed costs are in accordance with FEMA’s mutual aid policy (e.g., the aid was requested and the work is eligible for assistance)
The employees of the entity providing supplemental assistance are considered as extra hires or contract labor; therefore, both regular and overtime labor are eligible. The receiving entity is responsible for requesting FEMA assistance and for the non-Federal cost share.
Labor from one division of an entity providing assistance to another division of the same local or State entity will not be treated under mutual aid provisions.
References: Mutual Aid Agreements for Public Assistance and Fire Management Assistance, FEMA Policy 9523.6, dated August 13, 2007
Public Assistance Guide, FEMA 322, pages 50-51
Force account Labor Costs associated with conducting eligible work may be claimed at an hourly rate. Labor rates can include actual wages paid plus fringe benefits paid or credited to personnel. Different eligibility criteria apply to labor rates for different kinds of employees and work. The applicant’s pre-disaster written policies are used in determining cost eligibility. For example, overtime or compensatory time for Fair Labor Standards Act “exempt” employees is not eligible, except where written policies provide for it, it is not subject to management’s discretion, and it is not contingent on Federal funding or discretion. An applicant’s own employees are known as force account labor.
For permanent work performed by an applicant, both regular time and overtime are eligible for all employees. Overtime may be credited in actual wages or in compensatory time off.
For emergency work, only overtime labor is eligible for:
Permanent employees
Reassigned employees
Seasonal employees used during the season of anticipated employment
Both regular time and overtime labor are eligible for non-budgeted employees assigned specifically to perform emergency work, including:
Temporary employees
Essential employees called back from administrative leave
Permanent employees funded from an external source such as grants The labor costs for employees sent home or told not to report due to
emergency conditions are not eligible. Salaries of commissioners, mayors, department directors, police and fire chiefs, and other administrators are usually not eligible.
Refer to Donated Resources, Fringe Benefits, Reassigned Employee, and Temporary Employee for an explanation of appropriate regulatory criteria and policy guidelines that must be adhered to when claiming costs associated with these specific items.
References: Section 406 of the Stafford Act
44 CFR §206.221(b) and §206.228(a)(2)
Labor Costs – Emergency Work, FEMA Policy 9525.7, dated November 16, 2006
Public Assistance Guide, FEMA 322, pages 42-47
The Incident Period is the time span during which the disaster-causing incident occurs. This period varies in length, depending on the type of incident. For example, the incident period for a flood event could be several weeks, because the water has to crest and recede; while the incident period for a tornado would be one day, because the damage occurs in a matter of minutes. Damage that occurs during the incident period, or damage that is the direct result of events that occurred during the incident period, is eligible. Protective measures and other preparation activities performed within a reasonable and justified time in advance of the incident period may also be eligible. The incident period will be established by FEMA in the FEMA-State Agreement.
Reference: Public Assistance Guide, FEMA 322, pages 29-30
Applicants performing restoration work on a damaged facility may use the opportunity to make additional improvements while still restoring the facility to its pre-disaster function and capacity. For example, an applicant might propose laying asphalt on a gravel road or replacing a firehouse that originally had two bays with one that has three. Projects that incorporate such improvements are called Improved Projects. For the most part, these are projects in which the funding for approved work cannot be tracked within the improved project because of physical changes or contracting arrangements.
An improved project may be requested for both small and large projects, but must be approved by the grantee prior to construction. Any project that results in a significant change from the pre-disaster configuration (that is, different location, footprint, or size) must be reviewed by FEMA prior to construction to ensure completion of the appropriate environmental and/ or historical review. Grantee approval must be held pending such review. If an applicant opts to use a code or standard that does not meet FEMA requirements, the project becomes an improved project. Federal funding for improved projects is limited to the Federal share of the estimated costs of the original project or to the Federal share of the actual costs of completing the improved project, whichever is less, and to the time limits that would be associated with repairing the damaged facility to its pre-disaster design. Justified time extensions may be approved. The balance of the funds is a non-Federal responsibility. Funds to construct the improved project also can be combined with a grant from another Federal agency and/or a FEMA- approved alternate project; however, Federal grants cannot be used to meet the grantee or local cost-share requirement unless the legislation for the other grant allows such use, e.g., the Community Development Block Grant (CDBG) program.
If the original facility is being repaired and improvements are being added, Section 406 Hazard Mitigation funding may be applied to the original facility. If the improved project involves a new facility on the same site or on a different site, Section 406 Hazard Mitigation funding will not be applied to that project.
References: 44 CFR §206.203(d)(1)
Public Assistance Guide, FEMA 322, pages 79, 110-111
Imminent danger or threat to improved private or public property or to lives, public health, and safety as a result of an event that has a 20 percent chance of occurring in a given year is called an Immediate Threat. Debris removal, emergency protective measures, and emergency repairs to some facilities are eligible only if these actions are necessary to lessen or eliminate an immediate threat. FEMA determines the existence of an immediate threat. The following are examples of how the definition of an immediate threat applies to various disaster scenarios:
For a flood, the immediate threat exists if a 5-year flooding event could cause damage to improved property or threaten lives, public health, and safety. This is not a flood that necessarily happens within 5 years, but a flood that has a 20 percent chance of occurring in any given year.
For a landslide, an immediate threat may exist if the earth on a slope could slide as the result of a moderate amount of rainfall. A geotechnical study may be necessary to determine if an immediate threat exists (see Geotechnical Study).
For an earthquake, an immediate threat may exist if moderate ground shaking, such as might be expected during an aftershock, could cause further damage to a structure or threaten the safety of the structure’s occupants.
For a hurricane, an immediate threat may exist if a facility damaged by storm surge could be exposed to additional flooding from a subsequent 5-year event. Similarly, if a wind-damaged facility is subject to additional damage by moderate winds, such winds could be considered an immediate threat.
References: Section 403 of the Stafford Act 44 CFR §206.221(c)
Public Assistance Guide, FEMA 322, pages 26, 38, 66-67, 71, 76