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Summary: Subpart H is the "Legal Filter" that determines which projects get funded and which are rejected, based on four critical "Eligibility Pillars." First, the "Applicant" must be a government or qualified non-profit; second, the "Facility" must have been active at the time of the disaster; third, the "Work" must be a direct result of the event; and fourth, the "Cost" must be reasonable. This subpart explicitly excludes "Maintenance" and "Pre-existing Conditions," forcing municipalities to prove the disaster caused the specific damage claimed. It also governs "Debris Removal" on private property, which is only allowed in "Extreme Circumstances" to protect public health. For a Town Manager, this subpart is the "Risk Assessment" tool for deciding which projects to pursue. It emphasizes "Legal Responsibility," ensuring FEMA doesn't pay for infrastructure owned by a private utility or the state. Subpart H is the "Truth in Labeling" law for disaster recovery.
● §206.220 General: You must meet "All Four" eligibility tests for every single project. This is essential because failing just "One Test" (e.g., ineligible facility) makes the entire project "Ineligible."
● §206.221 Definitions: You must identify if your "Private Non-Profit" (PNP) provides a "Critical Service" (like power or water). This is essential as "Non-Critical" PNPs must apply for an "SBA Loan" before FEMA will help.
● §206.222 Applicant Eligibility: You must prove you are a "Legal Entity" with the authority to do the work. This is essential for "Special Districts" and "HOAs" to determine if they can even apply.
● §206.223 General Work Eligibility: You must prove the work was required as a "Direct Result" of the disaster. This is essential to prevent "Scope Expansion" that attempts to fix "Old Problems" with "New Disaster Money."
● §206.224 Debris Removal: You must ensure debris removal is in the "Public Interest" (safety/health). This is essential because FEMA won't pay to "Clean Up a Yard" just for aesthetics.
● §206.225 Emergency Protective Measures: You must document all "Overtime" and "Equipment Hours" for life-saving actions. This is essential for "Category B" reimbursement for things like "Sandbagging" or "Emergency Pumping."
● §206.226 Restoration of Damaged Facilities: You must rebuild to "Pre-Disaster Function" and current "Codes and Standards." This is essential for ensuring your new infrastructure is "Resilient" and "Legal."
● §206.227 Snow Assistance: You must meet the "Snowfall Threshold" for your county to get reimbursed. This is essential for "Northern Jurisdictions" to recover the costs of "Record-Breaking" blizzards.
● §206.228 Allowable Costs: You must use the "FEMA Schedule of Equipment Rates." This is essential because if you charge your own internal "Rental Rates," FEMA will "Adjust" them down to their standard.