A fundamental principle of the Public Assistance (PA)

Program is that it will operate much more effectively for

all participants when everyone shares a common

understanding of the program benefits, expectations,

and procedures.

To support this idea, FEMA has undertaken an effort to provide

the State, Tribal and local partners with more and better

information about the PA Program. Through the Internet, newly

published materials, training opportunities, and the production

of a standard Applicant's briefing package, FEMA wants to

ensure that all participants have the tools to do their part in

obtaining and administering public assistance funding.

As part of this effort, FEMA has produced this digest of PA

Program policies. This version replaces the original version

(October 1998) and the Appendix A to the digest (August 2000).

This Public Assistance Policy Digest is intended to be an easyto-read, easy-to-use, brief summary of the basic policies that

govern the PA Program. It is available in hard copy and on the

FEMA website (www.fema.gov/r-n-r/pa/). While the digest is

primarily intended for those unfamiliar with the terms and

provisions of the program, it also may serve as a reference for

those with more knowledge of the program. Because this policy

digest is not exhaustive, either in topics or in detail, information

should be verified with FEMA PA Program officials before

becoming the basis for decision making.

Please direct suggestions regarding improvements to the

program and this publication to:

Director, Recovery Division, Room 713

Readiness, Response and Recovery Directorate

Federal Emergency Management Agency

500 C Street, SW

Washington, D.C. 20472

Joe M. Allbaugh

Director

Federal Emergency Management Agency

Introduction
ADA Americans with Disabilities Act

CBRA Coastal Barrier Resources Act

CBRS Coastal Barrier Resources System

CEF Cost Estimating Format

CFR Code of Federal Regulations

DRM Disaster Recovery Manager

DSR Damage Survey Report

EMAC Emergency Management Assistance Compact

ER Emergency Relief Program

ESA Endangered Species Act

FEMA Federal Emergency Management Agency

FHWA Federal Highway Administration

GAR Governor’s Authorized Representative

HMGP Hazard Mitigation Grant Program

HUD Department of Housing and Urban Development

INF Immediate Needs Funding

NEPA National Environmental Policy Act

NFIP National Flood Insurance Program

NHPA National Historic Preservation Act

NOI Notice of Interest

OMB Office of Management and Budget

PA Public Assistance

PAC Public Assistance Coordinator

PAO Public Assistance Officer

PDA Preliminary Damage Assessment

PNP Private Nonprofit

PW Project Worksheet

Request Request for Public Assistance

SBA Small Business Administration

SFHA Special Flood Hazard Area

SHPO State Historic Preservation Officer

SMSD State Management of Small Disasters

TAC Technical Assistance Contractor

THPO Tribal Historic Preservation Officer

USACE U.S. Army Corps of Engineers

USFWS U.S. Fish and Wildlife Service

Acronyms
44 CFR ........................................................................1

Administrative Allowance, Grantee .............................2

Administrative Allowance, Subgrantee .......................3

Alternate Projects .......................................................4

Americans with Disabilities Act (ADA) ........................5

Appeals .......................................................................6

Applicants’ Briefing......................................................7

Art ...............................................................................8

Audits ..........................................................................9

Beaches ....................................................................10

Bridges ......................................................................11

Building Inspection ....................................................12

Buildings....................................................................13

Case Management File.............................................14

Categories of Work ...................................................15

Coastal Barrier Resources Act (CBRA)....................16

Codes and Standards ...............................................17

Community Centers ..................................................18

Community Disaster Loans ......................................19

Contracts ...................................................................20

Cost Codes ...............................................................21

Cost Estimate ...........................................................22

Cost Estimating Format (CEF) .................................23

Cost Overrun ............................................................24

Cost Share ................................................................25

Damage Survey Report (DSR) .................................26

Davis-Bacon Act .......................................................27

Debris Removal ........................................................28

Debris Salvage ..........................................................29

Declarations ..............................................................30

Demolition .................................................................31

Designated Disaster Area .........................................32

Donated Resources ..................................................33

Duplication of Benefits ..............................................34

Educational Facilities ................................................35

Eligibility ....................................................................36

Eligible Applicants .....................................................37

Eligible Costs ............................................................38

Eligible Facility...........................................................39

Eligible Work .............................................................40

EMAC ........................................................................41

Emergency Protective Measures..............................42

Endangered Species Act (ESA) ...............................43

Engineering and Design Services ............................44

Contents
Equipment .................................................................45

Equipment Rates ......................................................46

Erosion ......................................................................47

Facilities under Construction ....................................48

Federal-Aid Roads ....................................................49

FEMA-State Agreement............................................50

Fire Management Assistance ...................................51

Flood Control Works .................................................52

Flood Insurance ........................................................53

Floodplain Management ...........................................54

Fringe Benefits ..........................................................55

Geotechnical Study...................................................56

Grant Closure ...........................................................57

Grant Management PW ............................................58

Grantee .....................................................................59

Hazard Mitigation, Section 404.................................60

Hazard Mitigation, Section 406.................................61

Homeless Shelters ....................................................62

Homeowners’ Associations .......................................63

Immediate Needs Funding (INF) ..............................64

Immediate Threat ......................................................65

Improved Projects .....................................................66

Improved Property ....................................................67

Inactive Facilities .......................................................68

Incident Period ..........................................................69

Indian Tribal Governments ........................................70

Insurance ..................................................................71

Irrigation Facilities .....................................................72

Labor Costs ..............................................................73

Landslides .................................................................74

Large Projects ...........................................................75

Legal Responsibility ..................................................76

Libraries ....................................................................77

Materials ...................................................................78

Museums ..................................................................79

Mutual Aid Agreement ..............................................80

National Environmental Policy Act (NEPA) ...............81

National Historic Preservation Act (NHPA) ...............82

Negligence ................................................................83

Notice of Interest (NOI) ............................................84

Other Federal Agencies ............................................85

Parks and Recreational Areas ..................................86

Payment of Claims ....................................................87

Permanent Work .......................................................88

Contents
Pre-Disaster Design..................................................89

Preliminary Damage Assessment (PDA)..................90

Private Nonprofit (PNP) Applicant ............................91

Private Nonprofit (PNP) Facility ................................92

Private Nonprofit (PNP) Facility—Critical Services ..93

Private Property ........................................................94

Programmatic Closure ..............................................95

Project .......................................................................96

Project Approval ........................................................97

Project Worksheet (PW) ...........................................98

Public Assistance Coordinator (PAC) .......................99

Public Assistance Officer (PAO) .............................100

Reasonable Cost ....................................................101

Reassigned Employee ............................................102

Rehabilitation Facility ..............................................103

Relocation, Permanent ...........................................104

Relocation, Temporary ............................................105

Repair or Replacement ...........................................106

Request for Public Assistance (Request) ...............107

Roads ......................................................................108

Scope of Work ........................................................109

Seismic Safety ........................................................110

Sequence of Events................................................111

Shelter Workshops ..................................................112

Small Business Administration (SBA).....................113

Small Projects .........................................................114

Snow Removal Assistance .....................................115

Special Considerations ...........................................116

Stafford Act .............................................................117

State Administrative Plan........................................118

State Management of Small Disasters ...................119

State Role ...............................................................120

Subgrantee .............................................................121

Tax Assessments ....................................................122

Technical Assistance Contractors (TAC).................123

Temporary Employee ..............................................124

Time Limits..............................................................125

Trees, Shrubs, and Other Ground Cover ................126

Unstable Soil ...........................................................127

Utilities ....................................................................128

Validation.................................................................129

Water Control Facilities ...........................................130

Topic References ....................................................131

Index .......................................................................139

Contents
1

T

he 44 CFR: Title 44 of the Code of Federal

Regulations – Emergency Management and

Assistance – contains rules, policies and

procedures that have been issued by FEMA in the form

of regulations that are applicable to, among other things,

the implementation and administration of federal

disaster assistance programs by FEMA. Most of the

regulations applicable to FEMA’s disaster assistance programs are found in

Part 206 of 44 CFR and those applicable to the Public Assistance (PA) Program

are contained in Subparts G, H and I. The regulations set forth in Parts 9

(Floodplain Management and Protection of the Wetlands), 10 (Environmental

Considerations), 13 (“Common Rule” of Grant Administration), and 14 (Audits)

of 44 CFR are also applicable to projects funded under the PA Program.

44 CFR

References: Public Assistance Guide, FEMA 322, page 8 and Appendix C
2

Administrative

Allowance,

Grantee

T

he Stafford Act stipulates that each grant

recipient be provided an Administrative

Allowance (Statutory Administrative Costs) to

meet the cost of administering the grant. The allowance

is calculated differently for grantees and subgrantees

and covers different costs for each. The administrative

allowance for grantees covers overtime, per diem, and

travel (including local travel) expenses for State employees who participate in

the administration of public assistance grants. It does not cover regular time

labor costs and other costs directly associated with grants administration.

Examples of administrative activities covered by the allowance include:

4 Conducting Applicants’ Briefings

4 Field inspections

4 Preparation of damage assessments and cost estimates

4 Working with Applicants

4 Project monitoring, final inspections, processing of appeals and audits

The allowance is calculated as a percentage of the Federal share of public

assistance funds actually awarded in the State for a given disaster (except for

funds provided in the State Management Project Worksheet). These funds

include the Federal share of all grants to both the State and local Applicants

and the administrative allowances for all the local Applicants in the State (see

also Administrative Allowance, Subgrantee). The percentage is calculated

using a sliding scale, as follows:

The State does not need to submit any documentation to receive their

administrative allowance. The funds are automatically calculated by FEMA’s

computer system when project applications are processed and forwarded to the

State.

The State may also be eligible for additional grant management costs.

Total Amount of PA Program Funds

First $100,000

Next $900,000

Next $4,000,000

Funds in excess of $5,000,000

Allowance

3 percent

2 percent of that $900,000

1 percent of that $4,000,000

1⁄2 percent of the excess

References: Section 406(f)(1) of the Stafford Act

44 CFR §206.228(a)(2)

Public Assistance Guide, FEMA 322, pages 41-44
3

T

he Stafford Act stipulates that each grant recipient

be provided an Administrative Allowance

(Statutory Administrative Costs) to meet the cost of

administering the grant. The administrative allowance for

subgrantees covers direct and indirect costs incurred in

requesting, obtaining, and administering public

assistance. Examples of the activities that the allowance

is intended to cover include:

4 Identifying damage

4 Attending the Applicants’ Briefing

4 Completing forms necessary to request

assistance

4 Establishing files and providing copies of

documentation

4 Assessing damage, collecting cost data and developing cost estimates

4 Working with the State during project monitoring and final inspection

4 Preparing for audits

The allowance is not intended to cover direct costs of managing specific

projects that are completed using public assistance funds. For example, the

wages of a foreman on the site of a repair project would be a direct cost

associated with that project. These costs are eligible as part of the grant for

each project, as long as they can be specifically identified and justified as

necessary for the work.

The allowance is calculated as a percentage of total eligible costs that are

approved for the subgrantee in a given disaster. This percentage is calculated

using the same sliding scale used for the grantee’s administrative allowance

(see also Administrative Allowance, Grantee).

The subgrantee is not required to submit documentation for its administrative

allowance. The funds are automatically calculated by FEMA’s computer system

when project applications are processed and forwarded to the State.

Administrative

Allowance,

Subgrantee

References: Section 406(f)(2) of the Stafford Act

44 CFR §206.228(a)(2)

Public Assistance Guide, FEMA 322, pages 41-43
4

Occasionally an Applicant may determine that the

public welfare would not be best served by

restoring a damaged facility or its function to the

pre-disaster design. This usually occurs when the

service provided by the facility is no longer needed,

although the facility was still in use at the time of the

disaster. Under these circumstances, the Applicant may

apply to FEMA to use the eligible funds for an Alternate Project.

Possible alternate projects include:

4 Repair or expansion of other public facilities

4 Construction of new public facilities

4 Purchase of capital equipment

4 Funding of hazard mitigation

measures in the area affected by

the disaster

The alternate project option may be proposed for both small and large projects,

but only for permanent restoration projects located within the declared disaster

area. All requests for alternate projects must be made within 12 months of the

Kickoff Meeting and approved by FEMA prior to construction.

Alternate projects are eligible for 75 percent of the approved Federal share of

the estimated eligible costs associated with repairing the damaged facility to its

pre-disaster design, or the actual costs of completing the alternate project,

whichever is less. The share of the costs may be increased to 90 percent for

publicly owned facilities where unstable soils are present at the site of the

damaged facility (see Unstable Soil). This exception does not apply to Private

Nonprofit facilities.

The proposed alternate project may not be located in the regulatory floodway

and will have to be insured if located in the 100-year floodplain (see Insurance).

Funding may not be used for operating costs or to meet the State or local share

requirement on other public assistance projects or projects that utilize other

Federal grants. 406 Hazard Mitigation funds cannot be applied to an alternate

project (see Hazard Mitigation, Section 406). An environmental assessment

will be performed for all alternate projects.

Alternate

Projects

References: Section 406 (c)(1) of the Stafford Act

44 CFR §206.203(d)(2)

Public Assistance Guide, FEMA 322, pages 84-85
5

T

he Americans with Disabilities Act (ADA)

applies to restoration of damaged facilities under

the Stafford Act. ADA requires that any building or

facility that is accessible to the public or any residence

or workplace containing disabled persons be accessible

to and useable by disabled persons.

When FEMA provides assistance for a new

facility constructed as a replacement facility, the facility must meet

applicable access requirements. FEMA will provide funds to

comply with ADA when replacing a facility, whether or not the

facility met compliance prior to the disaster. However, a new

facility funded as an alternate or improved project is limited to

the eligible funding for the original facility even when the new

facility has to comply with additional ADA requirements.

For buildings eligible for repair, FEMA will fund the full cost of ADA relevant

repairs to the damaged elements of the facility. In addition, FEMA may fund

ADA relevant repairs to non-damaged elements associated with a path of travel

for a primary function area that is damaged. A primary function area is where a

major activity occurs for which the facility is intended, such as the dining area of

a cafeteria. For primary function areas, FEMA will fund ADA relevant repairs for

providing an accessible travel path and service facilities up to 20 percent of the

total cost of repair to the primary function area.

Non-damaged areas of a damaged facility are not required to meet ADA

requirements unless they are part of the travel path or service facility to a

damaged primary function area requiring ADA relevant repairs, as described

above.

Applicants notified of an ADA violation prior to the disaster and required to bring

the facility into compliance are not eligible to receive FEMA funding to comply

with accessibility requirements related to that violation.

Americans

With

Disabilities

Act (ADA)

References: 44 CFR §206.226(b)

36 CFR Part 1190

28 CFR Part 35

American with Disabilities Act (ADA) Access Requirements,

FEMA Policy 9525.5, dated October 26, 2000
6

T

he Appeals process is the opportunity for

Applicants to request reconsideration of decisions

regarding the provision of assistance. There are

two levels of appeal. The first level appeal is to the

Regional Director. The second level appeal is to the

Assistant Director at FEMA Headquarters.

Typical appeals involve the following:

4 An entity is not an eligible Applicant

4 A facility, an item of work or a project is not eligible for disaster assistance

4 Approved costs are less than the Applicant believes is necessary to

complete the work

4 A requested time extension was not granted

4 A portion of the cost claimed for the work is not eligible

4 The Applicant disagrees with the approved Scope of Work on the Project

Worksheet

4 The Applicant incurs a Net Small Project Overrun

The Applicant must file an appeal with the Grantee within 60 days of receipt of

notice of the action or decision being appealed.

Appeals

References: Section 423 of the Stafford Act

44 CFR §206.206

Public Assistance Guide, FEMA 322, pages 85-87
7

A

n Applicants’ Briefing is a meeting conducted by

a representative of the State for all potential

Applicants for public assistance grants. The

briefing occurs after an emergency or major disaster

has been declared and addresses application

procedures, administrative requirements, funding, and

program eligibility criteria.

The State representative is responsible for notifying each potential Applicant of

the date, time, and location of the briefing. The size of the disaster area and the

number of possible Applicants determine whether more than one briefing is

held.

FEMA personnel should participate in the briefing to clarify issues regarding:

4 Eligibility

4 Floodplain management

4 Insurance requirements

4 Environmental and historic preservation considerations

4 Federal procurement standards

4 Mitigation

To obtain the maximum benefit from the information presented at the briefing,

each Applicant should send three representatives: an elected official, and one

representative each from the public works department and the accounting

department.

Representatives of potentially eligible Private Nonprofit Organizations should

attend the briefing.

Applicants’

Briefing

Reference: Public Assistance Guide, FEMA 322, page 64
8

A

rt or other culturally significant collections or

objects may be damaged or destroyed when

museums or other eligible facilities, either publicly

owned or owned by a Private Nonprofit, are involved in

disasters. These collections and objects, by their very

nature, generally are one-of-a-kind and thus cannot be

replaced. Therefore, replacement of destroyed

collections or objects is not an eligible cost.

FEMA may, however, fund stabilization measures. Stabilization involves taking

the minimum steps necessary to return a collection or object to a condition such

that it can function in the same capacity as it did prior to the disaster. FEMA’s

Preservation Officer (or designee), in consultation with the Applicant and the

State, will use professional judgement to determine if additional treatment

beyond stabilization is necessary to maintain the integrity of the

collection or object and return it to its pre-disaster

function.

For example, a priceless sculpture in a public

museum falls from a shelf breaking into

many pieces. FEMA will not replace the

sculpture but will pay to stabilize the

sculpture for display purposes.

Art

References: Collections and Individual Objects, FEMA Policy

9524.6, dated August 17, 1999

Public Assistance Guide, FEMA 322, page 57
9

Public Assistance Program grant recipients (States,

local governments, nonprofit organizations,

universities, hospitals and Indian tribes) are

required to comply with the provisions set forth under

the Single Audit Act Amendments of 1996. The Act

requires grant recipients expending $300,000 or more in

Federal funds in a fiscal year to perform a single audit.

Even though a single audit must be performed, grant

recipients also are subject to additional audits by the

FEMA Office of Inspector General and State auditors

for items not covered by the single audit. Specific

documentation and procedures are based on

the requirements of the Federal Office of

Management and Budget (OMB). The OMB

requires grant recipients to maintain

financial and program records for three

years following submittal of the final

expenditure report.

Typically, Applicants will be informed of audit requirements during the Applicants’

Briefing. Any questions after the briefing regarding the single audit, or audits in

general, should be directed to the appropriate State official or FEMA’s Office of

the Inspector General in Washington, D.C.

Audits

References: Sections 318 and 705 of the Stafford Act

44 CFR §14.1, §14.2, and §206.207(c)

Office of Management and Budget Circular A-133

Public Assistance Guide, FEMA 322, pages 117-118
10

E

mergency placement of sand on natural or

engineered Beaches may be eligible when

necessary to protect improved property from an

immediate threat. Protection may be to a 5-year storm

profile or to its pre-storm profile, whichever is less. A

5-year storm is a relatively low level event.

A beach is considered eligible for permanent repair if it

is an improved beach and has been routinely maintained prior to the disaster. A

beach is considered to be an “improved beach” if

the following criteria apply:

4 The beach was constructed by the placement

of sand to a designed elevation, width, grain

size, and slope

4 The beach has been maintained in

accordance with a maintenance program

involving the periodic re-nourishment of sand

Typically, FEMA will request the following from an

Applicant before approving assistance for

permanent restoration of a beach:

4 Design documents and specifications, including analysis of grain size

4 “As-built” plans

4 Documentation of regular maintenance or nourishment of the beach

4 Pre- and post-storm cross-sections of the beach

Permanent restoration of sand on natural beaches is not eligible.

Beaches

References: 44 CFR §206.226(h)

Public Assistance Guide, FEMA 322, pages 59-60
11

Bridges are eligible for repair or replacement under

the Public Assistance Program, unless they are

on a Federal-Aid Road (see Federal-Aid Roads).

Eligible work includes repairs to decking, guardrails,

girders, pavement, abutments, piers, slope protection,

and approaches. Only repairs of disaster-related

damage are eligible. In some cases, FEMA may use

pre-disaster bridge inspection reports to determine if damage to a bridge was

present before the disaster.

Work to repair scour or erosion damage to the channel and stream banks is

eligible if the repair is necessary to ensure the structural integrity of the bridge.

Earthwork that is not related to the structural integrity of the bridge is not eligible

(see Landslides). Similarly, work to remove debris, such as fallen trees, from

the channel at the bridge is eligible if the debris could cause further damage to

the structure or if the blockage could cause flood waters to inundate nearby

homes, businesses, or other facilities (see Debris Removal).

When replacement of a damaged bridge is warranted, eligible work may include

upgrades necessary to meet current standards for road and bridge

construction, as defined by the State or local highway department (see Codes

and Standards). Typical standards affect lane width, loading design,

construction materials, and hydraulic capacity. If code requires, and if the

Applicant has consistently enforced that code, FEMA will permit changes in the

bridge design from one lane to two lanes to include access modification for a

short distance (i.e., within area of damage). This does not apply to other

expansions of capacity (e.g., from two lanes to four lanes).

Permanent restoration of a bridge that falls under the authority of the Federal

Highway Administration is not eligible for public assistance (see Federal-Aid

Roads).

Bridges

References: Section 102(8) of the Stafford Act

44 CFR §206.221(h) and §206.226(a) and (b)

Public Assistance Guide, FEMA 322, pages 53-54
12

Building

Inspection

Under the Stafford Act, FEMA can consider the

increased demand for Building Inspection

services as an eligible emergency protective

measure if such inspections are directly related to the

disaster and are necessary to establish if a damaged

structure poses an immediate threat to life, public health

or safety. Eligible costs for safety inspections are written

as “Category B” emergency work on the Project Worksheet.

The following inspections are ineligible for funding under the Public Assistance

Program:

4 To determine if the building was substantially damaged beyond repair

under the National Flood Insurance Program regulations

4 To determine if the building should be elevated or relocated

4 To determine if the repairs are needed to make the building habitable

Generally, when building inspections of FEMA funded permanent repairs are

required, they are included in the Project Worksheet funding for permanent

repair.

References: Section 403 of the Stafford Act

Eligibility of Building Inspections in a Post-Disaster Environment,

FEMA Policy 9523.2, dated June 23, 1998

Public Assistance Guide, FEMA 322, page 52
13

Buildings, including contents such as furnishings

and interior systems such as electrical work, are

eligible for repair or replacement under the Public

Assistance Program. In addition to contents, FEMA will

pay for the replacement of pre-disaster quantities of

consumable supplies and inventory. FEMA will also pay

for the replacement of library books and publications.

Removal of mud, silt, or other accumulated debris is eligible,

along with any cleaning and painting necessary to

restore the building.

If an insurance policy applies to a facility, FEMA will

deduct from eligible costs the amount of insurance

proceeds, actual or anticipated, before providing

funds for restoration of the facility (see Insurance).

FEMA will reduce public assistance grants by the

maximum amount of insurance proceeds an Applicant

would receive for an insurable building located in an

identified floodplain that is not covered by Federal

flood insurance. The reduction in eligible costs will be

the larger of the two reductions just described. The owners of insurable

buildings can expedite the grant process by providing FEMA with policy and

settlement information as soon as possible after a disaster occurs.

FEMA may pay for upgrades that are required by certain codes and standards

(see Codes and Standards). Examples include roof bracing installed following

a hurricane, seismic upgrades to mitigate damage from earthquakes (see

Seismic Safety), and upgrades to meet standards regarding use by the

disabled (see Americans with Disabilities Act (ADA)). For repairs, upgrades

are limited to damaged elements only. If a structure must be replaced, the new

facility must comply with all applicable codes and standards regardless of the

level of FEMA funding.

If a damaged building must be replaced, FEMA has the authority to pay for a

building with the same capacity as the original structure. However, if the

standard for space per occupant has changed since the original structure was

built, FEMA may pay for an increase in size to comply with that standard while

maintaining the same occupant capacity. A Federal or State agency or statute

must mandate the increase in space; it cannot be based only on design

practices for an industry or profession (see also Categories of Work).

Buildings

References: Section 102(8)(c) of the Stafford Act

44 CFR §206.221(h) and §206.226

American with Disabilities Act (ADA) Access Requirements,

FEMA Policy 9525.5, dated October 26, 2000

Seismic Safety – New Construction, FEMA Policy 9527.1, dated January 13, 2000

Public Assistance Guide, FEMA 322, page 56
14

F

EMA maintains a computer-based Case

Management File that contains pertinent

information about each Applicant. The Case

Management File promotes continuity in managing an

Applicant’s recovery, minimizes redundant data

collection and allows quick access to the current status

of an Applicant’s case.

The Case Management File is first established

when FEMA assigns a Public Assistance

Coordinator to an Applicant.

All Federal and State personnel working

with the Applicant can view the Case

Management File.

Case

Management

File
15

Categories

Of Work

T

o facilitate the processing of Public Assistance

Program grants, FEMA has divided disasterrelated work into seven Categories of Work. These

categories are listed below and are described in more

detail elsewhere in this digest under the appropriate

subject.

Emergency Work

Category A: Debris Removal

Clearance of trees and woody debris; building

wreckage; sand, mud, silt, and gravel; vehicles; and

other disaster-related material deposited on public

and, in very limited cases, private property (see

also Debris Removal).

Category B: Emergency Protective Measures

Measures taken before, during, and after a disaster to

save lives, protect public health and safety, and protect

improved public and private property (see also Emergency

Protective Measures).

Permanent Work

Category C: Roads and Bridges

Repair of roads, bridges, and associated features, such as shoulders, ditches,

culverts, lighting and signs ( see also Roads and Bridges).

Category D: Water Control Facilities

Repair of irrigation systems, drainage channels, and pumping facilities. Repair

of levees, dams, and flood control channels fall under Category D, but the

eligibility of these facilities is restricted (see also Flood Control Works).

Category E: Buildings and Equipment

Repair or replacement of buildings, including their contents and systems; heavy

equipment; and vehicles (see also Buildings and Equipment).

Category F: Utilities

Repair of water treatment and delivery systems; power generation facilities and

distribution lines; and sewage collection and treatment facilities (see also

Utilities).

Category G: Parks, Recreational Facilities, and Other Items

Repair and restoration of parks, playgrounds, pools, cemeteries, and beaches.

This category also is used for any work or facility that cannot be characterized

adequately by Categories A-F (see also Parks and Recreational Areas).

Reference: Public Assistance Guide, FEMA 322, pages 44-60
16

T

he Coastal Barrier Resources Act (CBRA)

restricts Federal expenditures and financial

assistance that encourage development of coastal

barriers so that damage to property, fish, wildlife, and

other natural resources associated with the coastal

barrier is minimized. Coastal barriers are located along

the Atlantic and Gulf coasts and along the Great Lakes.

They are identified on National Flood Insurance Rate Maps as Coastal Barrier

Resources System (CBRS) units.

Debris removal and emergency protective measures in designated CBRS units

may be eligible for public assistance provided the actions eliminate the

immediate threat to lives, public health and safety and protect improved

property. Advanced consultation with the U.S. Fish and Wildlife Service

(USFWS) is not required before approval of emergency measures.

However, FEMA must consult with the USFWS to allow the USFWS the

opportunity to provide written comments before permanent work funding is

approved. The following types of publicly owned facilities may be eligible for

permanent work funding:

4 Essential links in a larger system

4 Improvements to an existing channel

4 Repair of energy facilities that are functionally dependent on a coastal

location

4 Other existing roads, structures, or facilities that are consistent with the

purposes of CBRA

Certain Private Nonprofit facilities that meet the restrictions of CBRA and the

Public Assistance Program may be eligible for assistance. Examples include

electric or gas utilities or educational facilities used for scientific research.

Improved projects that expand a facility are not eligible in CBRS units. Alternate

projects are also not eligible.

An existing facility is defined as a publicly owned or operated facility on which

the start of construction took place on or before October 18, 1982. If a facility

has been substantially improved or expanded since October 18, 1982, it is not

an existing facility. If a unit was added to CBRS at a later date, that date may be

substituted for the October 18, 1982, date.

Coastal

Barriers

Resources

Act (CBRA)

References: Section 406(e) of the Stafford Act

44 CFR Part 206, Subpart J

Public Assistance Guide, FEMA 322, pages 105-107
17

When a facility must be repaired or replaced,

FEMA may pay for upgrades that are

necessary to meet specific requirements of

current Codes and Standards. This situation typically

occurs when older facilities, particularly buildings, must

be repaired in accordance with codes that were adopted

after the original construction.

For the cost of an upgrade to be eligible, the code or standard requiring the

upgrade must:

4 Apply to the repair work being performed. If a facility must be replaced, an

upgrade would apply throughout the facility. However, if a facility needs

repair work only, then upgrades would apply to the damaged elements

only. For example, FEMA would pay to install a sprinkler system

throughout a building if that building were being replaced, but would not

pay for such a system if the only eligible repair work involved replacing

flood-damaged walls and flooring on the ground level.

4 Be appropriate to the pre-disaster use of the facility.

4 Be reasonable, formally adopted, in writing, and implemented prior to the

disaster declaration date. The appropriate legislative authority within the

applicable jurisdiction must have taken all requisite actions to implement

the code or standard.

4 Apply uniformly to all facilities of the type being repaired within the

applicant’s jurisdiction. The standard cannot allow selective application; it

cannot be subject to discretionary enforcement by public officials. The

standard must be applied regardless of the source or availability of

funding for the upgrade work.

4 Be enforced during the time that it was in effect. FEMA may require

documentation showing prior application of the standard if there was

opportunity to apply the code.

Some limited triggered code upgrades may be eligible upon evaluation by

FEMA.

For additional information regarding standards, see Bridges, Americans With

Disabilities Act (ADA) and Seismic Safety.

Codes And

Standards

References: Section 406(e) and 409 of the Stafford Act

44 CFR §206.221(i) and §206.226(b)

Public Assistance Guide, FEMA 322, pages 27-28
18

A

 Private Nonprofit Community Center is a facility

that is open to the general public without

restrictions, established and primarily used as a

gathering place for a variety of social, educational

enrichment, and community service activities. Eligible

activities include:

1. Social – such as board meetings, senior citizen

meetings, or community picnics

2. Educational – such as seminars on personal finance, stamp collecting, or

gardening

3. Community service – organizing clean-up projects, local government

meetings, rehabilitation programs, or blood drives

A community center facility includes the building, and associated structures and

grounds, which must be evaluated in their entirety to determine eligibility.

EXAMPLE: A community center complex consists of three buildings:

two serve as community centers and one serves as an administrative

building. Therefore, only two buildings are eligible for public assistance,

as the administrative building does not provide an eligible community

center activity.

Primarily used means that the facility is used over 50% of the time for eligible

community center activities.

EXAMPLE: If a community center’s activities were for the following

purposes: 20% vocational, 25% athletic, and 55% community oriented,

the community center would be eligible for public assistance. In the

case of a facility built as a church, it will generally be ineligible even if

actual services are only held one or two days a week.

Assistance is in direct proportion to the percentage of space dedicated to

eligible activities.

Facilities used for the following purposes are not eligible

community centers and are not eligible for public assistance.

4 Political

4 Athletic

4 Religious

4 Recreational

Community

Centers

4 Vocational

4 Academic training

4 Arts

4 Conferences

Publicly owned Community Centers generally

are eligible for public assistance.

References: 44 CFR §206.221(e)(6)

Community Center Eligibility, FEMA Policy 9521.1,

dated August 11, 1998

Public Assistance Guide, FEMA 322, pages 14-15
19

Community Disaster Loans are available, subject

to Congressional funding, to any local government

or other political subdivision of the State. The

jurisdiction must have suffered a substantial loss

(generally in excess of 5 percent) of tax or other

revenues as a result of a major disaster and must

demonstrate the need for Federal assistance

to perform its governmental functions. The

amount of the loan shall not exceed 25

percent of the annual operating budget of

the locality for the fiscal year of the disaster,

up to a maximum of $5,000,000. Loan

proceeds must be used to maintain existing

governmental functions or to expand such

functions to meet disaster-related needs.

The loan cannot be used for capital improvements, the repair or restoration of

damaged public facilities, or to pay the local cost-share of any Federal program.

If the jurisdiction has not fully recovered economically from the disaster after 3

fiscal years, all or part of the loan may be converted to a grant.

To apply for a Community Disaster Loan, the local government must submit a

loan application through the State, provided the jurisdiction is not in arrears on a

previously approved loan. The State exercises administrative authority over the

local government’s application and must certify that the local government is

legally qualified, under State law, to assume the debt, and that the information

on the application is accurate.

Community

Disaster

Loans

References: Section 417 of the Stafford Act

44 CFR Part 206 Subpart K
20

Contracts must be of reasonable cost, generally

must be competitively bid, and must comply with

Federal, State, and local procurement standards.

FEMA finds four methods of procurement acceptable:

4 Small purchase procedures: an informal method

for securing services or supplies that do not cost

more than $100,000 by obtaining several price

quotes from different sources

4 Sealed bids: a formal method where bids are publicly advertised and

solicited, and the contract is awarded to the responsive bidder whose

proposal is the lowest in price (this method is the preferred method for

procuring construction)

4 Competitive proposals: a method similar to sealed bid procurement in

which contracts are awarded on the basis of contractor qualifications

instead of on price (this method is used for procuring architectural or

engineering professional services)

4 Non-competitive proposals: a method whereby a proposal is received

from only one source, because the item is available only from a single

source; there is an emergency requirement that will not permit delay; or

the competition is inadequate to seek additional sources. If these

conditions exist, FEMA may find this method acceptable. Otherwise, noncompetitive proposals generally are ineligible.

FEMA provides reimbursement for three types of Contracts:

4 Lump sum: contract for work within a prescribed boundary with a clearly

defined scope and a total price

4 Unit price: contract for work done on an item-by-item basis with cost

determined per unit

4 Cost plus fixed fee: either a lump sum or unit price contract with a fixed

contractor fee added into the price

Time and materials contracts should be avoided, but may be allowed for work that is

necessary immediately after the disaster has occurred when a clear scope of work

cannot be developed. Generally, FEMA will accept time and materials contracts with

a work duration of 70 hours immediately after a disaster. Applicants must carefully

document contractor expenses, and a cost ceiling or “not to exceed” provision must

be included in the contract. If a time and materials contract has been used, the Applicant should contact the State to ensure proper guidelines are followed. Cost plus a

percentage of cost contracts and contingency contracts are not eligible.

Contracts

References: 44 CFR Part 13

Office of Management and Budget Circular A-102

41 U.S.C. 403(11)

Public Assistance Debris Management Guide, FEMA 325, pages 27-34

Public Assistance Debris Operations Job Aid, FEMA 9580.1, pages 34-38

Public Assistance Guide, FEMA 322, pages 39-40, 75, 81
21

F

EMA maintains a national unit price listin called

Cost Codes that is updated and revised to

conform with geographical and disaster-specific

needs. Appropriate cost codes are issued during each

disaster. A sample of FEMA cost codes is shown below. Cost Codes

Cost codes are used for the unit cost method of estimating. This method,

whereby each work component is priced separately, is generally used for work

that an Applicant has not yet completed. Typically, unit prices are based on inplace costs. This means that the price includes materials, labor, equipment,

insurance, overhead, and profit, as appropriate. For example, a $14 per linear

foot unit price to replace concrete curb and gutter includes all costs for setting up

and breaking down the forms and pouring and finishing the concrete.

In addition to cost codes, there are numerous other sources that may be used to

prepare estimates based on unit costs. These sources include commercial

estimating sources and State and local data from previously completed projects.

Reference: Public Assistance Guide, FEMA 322, pages 34 and 75

REG

00

00

00

00

00

00

STATE

00

00

00

00

00

00

CNTY

037

037

037

037

037

037

COST

CODE

NO.

3010

3011

3012

3013

3020

3030

DESCRIPTION

Aggregate Surface Course (Pit Run)

Aggregate Surface Course (Pit Run)

Aggregate Surface Course (Crushed)

Aggregate Surface Course (Crushed)

Fill (Unclassified)

Local Borrow

UNIT

TN

CY

TN

CY

CY

CY

UNIT

PRICE

7.50

10.00

10.00

13.50

10.00

3.00
22

When an Applicant requests public assistance for

disaster-related work, grant amounts are

based on actual costs if the work was

completed at the time of the request. However, for work

that has not been completed at the time of the request,

a Cost Estimate must be used. Typically, these

estimates are prepared using unit costs. With this

method, the project is broken down into elements based on the quantities of

material that must be used to complete the work. For example, a culvert repair

may be broken down into linear feet of pipe, cubic yards of fill, and square feet

of pavement. The estimate for each of these items is a cost per unit that

includes all labor, equipment, and material necessary to install that item

(referred to as an “in-place” cost).

FEMA has developed a list of unit costs (see Cost Codes) for typical disaster

repairs that may be used for estimating total costs. Alternatively, unit cost data

developed by State or local governments may be used, if appropriate.

Commercially available cost-estimating guides or data from local vendors and

contractors may also be used. It may be necessary for FEMA to review cost

data not based on established cost codes before approving a grant.

For large or complex projects, it may be

necessary for the Applicant to prepare a

detailed design of the restoration work before a

viable cost estimate can be developed. In such

cases, a grant for engineering and design services is

approved first (see Engineering and Design Services).

Once the design is complete, a cost estimate for the work is

prepared or actual bids for the work may be used as the

basis for the grant. Costs for managing a project may also

be included if the project is sufficiently large or complex to

require them (see Large Projects). Most small projects do

not require project management above the level of a firstlevel supervisor.

Cost

Estimate

References: 44 CFR §206.202(d)

Public Assistance Guide, FEMA 322, pages 73-75
23

F

EMA uses a cost estimating methodology

called the Cost Estimating Format (CEF)

to better estimate the total cost of large projects

(see Large Projects). The CEF is a forward-pricing

model that allows FEMA to account for all possible costs

associated with a construction project. FEMA uses

experienced cost estimators and construction engineers

to apply the CEF.

The CEF relies on the development of a clear definition of the scope of work

that is eligible for public assistance. Once this scope of work has been

developed, the CEF is applied in eight parts. Part A represents the base cost of

completing the project; it includes the labor, materials, and equipment

necessary to complete each item of the scope of work. Parts B

through H contain job-specific factors that depend on the

methods, complexity, and time of construction. These

factors are described below.

Part B includes construction costs not typically itemized

in Part A, such as the general contractor’s supervision

costs.

Part C reflects construction cost contingencies

and is designed to address budgetary risks

associated with project complexity.

Part D accounts for the contractor’s overhead,

insurance, bonds and profit.

Part E accounts for cost escalation over the life of the

project.

Part F includes fees for special reviews, plan checks and permits.

Part G is the applicant’s reserve for change orders and unforeseen conditions.

Part H accounts for the applicant’s cost to manage the design and construction

of the project.

Cost

Estimating

Format (CEF)
24

Because of the nature of the Public Assistance

Program, applicants may find that in most

instances cost estimates are approved by FEMA

prior to the completion of the associated work. Often the

actual costs incurred by the applicant during

performance of the work exceed the approved estimate.

This situation is known as a Cost Overrun. Cost

overruns are usually caused by one of the following:

4 Variations in unit pricing: The unit prices used in the cost estimate may

have been lower than those the applicant was actually charged.

4 Change in the scope of work: While performing the work, the applicant

may find that additional eligible work or changes in the prescribed work

are necessary.

4 Delay in starting or completion times: Problems beyond the applicant’s

control may contribute to delays in starting or completing work.

The applicant should evaluate cost overruns on large

projects. If the additional costs are justified, the applicant

can request additional funding. The applicant should contact

the State to ensure that proper guidelines for documenting

any additional costs are followed. The State will forward

requests for additional funding to FEMA. Such requests must

contain documentation to support that the additional costs were

incurred during the performance of eligible work.

Small projects are handled differently. Cost overruns are not

handled on a project-by-project basis; rather, the Applicant may

request supplemental funding for a net cost overrun on all small projects by

submitting an appeal through the State to FEMA. An appeal should be

submitted only when the total costs for all small projects exceed the total cost

approved for all small projects. The appeal must be submitted within 60 days of

the completion of that Applicant’s last small project. The appeal must include

documentation of actual costs correlated to each line item in the scopes of

work. This includes projects with underruns as well as those with overruns. An

explanation of all cost and quantity differences with the approved scopes of

work should be included (see Appeals).

Cost Overrun

References: 44 CFR §206.204(e)

Public Assistance Guide, FEMA 322, pages 83 and 116
25

Under the Public Assistance Program the Federal

government is responsible for supplementing the

efforts and available resources of State and local

governments when the President declares a disaster or

emergency. Because funding provided by the program is

supplementary in nature, an appropriate sharing of

costs between the Federal and State governments must

be determined. This Cost Share is outlined in the FEMA-State Agreement.

While the cost share is subject to change depending on the severity of a

disaster, the minimum Federal cost share is 75 percent of eligible costs. The

State grantee and the subgrantee determine the distribution of the non-Federal

share. All Applicants, including Private Nonprofit

organizations, are subject to the cost share

outlined in the FEMA-State Agreement.

Cost Share

References: Sections 403(b), 406(b), and 503(a) of the Stafford Act

44CFR §206.65 and §206.203(b)

Public Assistance Guide, FEMA 322, page 4
26

ADamage Survey Report (DSR) is a term used

prior to September 30, 1998, to indicate a step in

the assistance process during which a joint

Federal/State/local inspection team surveyed and

recorded damaged sites. The local representative was

responsible for identifying the damaged sites and

accompanying the Federal/State inspection team to

each site. The inspection team was responsible for

identifying the eligible work and preparing a quantitative

estimate of the work necessary to complete repairs. The

inspection team would use measurements and

sketches taken during the visual inspection

and information provided by the local

representative to determine the cost

estimate recorded on the DSR.

The DSR process was

replaced by a more efficient and

responsive process on October 1, 1998 (see

Project Worksheet (PW)).

Damage

Survey

Report (DSR)

Reference: 44 CFR §206.202(d)
27

T

he Davis-Bacon Act requires Federal construction

contractors to pay their workers 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 wager 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.

Davis-Bacon

Act

References: 44 CFR §13.36(h)5

Public Assistance Guide, FEMA 322, page 36
28

Debris

Removal

Debris Removal is the clearance, removal, and/or

disposal of items such as trees, sand, gravel,

building components, wreckage, vehicles, and

personal property. For debris removal to be eligible, the

work must be necessary to:

4 Eliminate an immediate threat to lives, public health

and safety

4 Eliminate immediate threats of significant damage to improved public or

private property

4 Ensure the economic recovery of the affected community to the benefit of

the community-at-large

4 Mitigate the risk to life and property by removing substantially damaged

structures and associated appurtenances as needed to convert property

acquired through a FEMA hazard mitigation program to uses compatible

with open space, recreation, or wetlands management practices

Examples of eligible debris removal activities include:

4 Debris removal from a street or highway to allow the

safe passage of emergency vehicles

4 Debris removal from public property to

eliminate health and safety hazards

Examples of ineligible debris removal activities include:

4 Removal of debris, such as tree limbs and trunks, from natural

(unimproved) wilderness areas

4 Removal of pre-disaster sediment from engineered channels

4 Removal of debris from a natural channel unless the debris poses an

immediate threat of flooding to improved property

Debris removal from private property is generally not eligible because it is the

responsibility of the individual property owner. If property owners move the

disaster-related debris to a public right-of-way, the local government may be

reimbursed for curbside pickup and disposal for a limited period of time. If the

debris on private business and residential property is so widespread that public

health, safety, or the economic recovery of the community is threatened, FEMA

may fund debris removal from private property, but it must be approved in

advance by FEMA.

See Demolition and Debris Salvage.

References: Sections 403 and 407 of the Stafford Act

44 CFR §206.224

Public Assistance Debris Management Guide, FEMA 325

Public Assistance Debris Operations Job Aid, FEMA 9580.1

Public Assistance Guide, FEMA 322, pages 45-47
29

Debris

Salvage

Debris resulting from disasters may have a market

value. Some of the materials that can be expected

to be marketable include timber debris, mulched

debris, and scrap metals, which should be segregated.

Disposition of Debris Salvage must be at fair market

value and the value must be reimbursed to FEMA at the

end of the project to reduce the total project cost.

Reasonable costs for administering and marketing the sale of the salvageable

materials may be deducted by the Applicant from the fair market value. If an

Applicant allows a contractor to take possession of salvageable material in

order to lower bid prices, there is no salvage value to be recouped at the end of

the project.

See Debris Removal.

Reference: Disposition of Equipment, Supplies and Salvaged Materials,

FEMA Policy 9525.12, dated August 29, 2000
30

T

here are two types of Declarations provided for in

the Stafford Act: Emergency Declarations and

Major Disaster Declarations. Both declaration types

authorize the President to provide Federal disaster

assistance. However, the cause of the declaration and

type and amount of assistance differ.

An Emergency Declaration can be declared for any

occasion or instance when the President determines Federal assistance is

needed. Emergency Declarations usually supplement State and local 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 amount of emergency assistance is capped at $5 million

per single event. If additional assistance is needed, the President must report to

Congress.

The President can declare a Major Disaster Declaration 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

believes 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.

Declarations

References: Sections 102(1) and (2) of the Stafford Act

44 CFR §206.31-48

Public Assistance Guide, FEMA 322, pages 2-3
31

Demolition of disaster-damaged structures may be

eligible for emergency work assistance if the work

is necessary to:

4 Eliminate an immediate threat to lives, public

health and safety

4 Eliminate immediate threats of significant damage

to improved public or private property

4 Ensure the economic recovery of the affected community to the benefit of

the community-at-large

4 Mitigate the risk to life and property by removing substantially damaged

structures and associated appurtenances as needed to convert property

acquired through a FEMA hazard mitigation program to uses compatible

with open space, recreation, or wetlands management practices

Eligible activities include demolition of the facility superstructure, filling in of

open below-grade structures (basements, swimming pools), and other activities

including capping of wells and pumping and capping of septic tanks.

As with debris removal from private property, demolition of private structures

requires approval by FEMA prior to start of work and agreement by the local

government to save and hold the Federal government free from damages due

to performance of the work. Demolition work also requires condemnation by an

authorized local official in accordance with State and local law.

Examples of ineligible demolition activities include:

4 Removal of slabs or foundations that do not present a health or safety

hazard (except for structures in a FEMA funded buyout program)

4 Removal or covering of pads and driveways (except for structures in a

FEMA funded buyout program)

4 Demolition of structures condemned as safety hazards prior to the

disaster

4 Demolition of threatened but habitable (not yet damaged) structures

Demolition activities are eligible for permanent work assistance when the work

is required in support of eligible repair, replacement, or reconstruction of a

project. Demolition of an abandoned facility associated with an approved

relocation, improved, or alternate project may also be eligible.

References: Sections 403, 406, and 407 of the Stafford Act

44 CFR §206.225 and §206.226

Demolition of Private and Public Facilities,

FEMA Policy 9523.4, dated November 9, 1999

Public Assistance Guide, FEMA 322, page 49

Demolition
32

When a declaration of a major disaster or

emergency is made for a State, FEMA will

designate those counties of a State that are

eligible for assistance. Those counties make up the

Designated Disaster Area. Sometimes other political

subdivisions of a State, such as city or special district,

may be designated, but the county

is the most common designation.

The designated disaster area can

be amended after the initial

designation by FEMA. A damaged

facility must be located within a

designated county to be considered

for Federal assistance. For example,

Blue County is declared as a

designated disaster area and Green

County is not. All potential

Applicants within Blue County may

be eligible for public assistance. All

the facilities that are the legal responsibility of those Applicants may be eligible

also, as long as the facilities are located within Blue County. If Applicant “A” has

facilities in both Blue and Green County, the facilities in Blue County are eligible

and those in Green County are not.

The types of assistance available in the designated disaster area may vary

between counties. Some counties may be eligible for reimbursement for both

emergency and permanent work while others may be designated to receive

funding for emergency work only. Also, while a county may be eligible for

Individual Assistance, it may be found ineligible for public assistance. FEMA

determines the designations based on the outcome of the Preliminary Damage

Assessment and the recommendations of the State Governor and Regional

Director.

Designated

Disaster Area

References: 44 CFR §206.223

Public Assistance Guide, FEMA 322, pages 24-25
33

Donated

Resources

Donated Resources, which include volunteer labor,

donated equipment and donated materials, are

eligible to offset the State and local portion of the

cost share for emergency work (Categories A and B).

The amount of credit that can be applied to a project is

capped at the non-Federal share so that the Federal

share will not exceed the Applicant’s actual out-ofpocket costs. Any excess credit can be applied to other emergency work

projects of the same Applicant.

Donated resources must apply to actual eligible emergency work, such as

debris removal or the filling and placing of sandbags. The donated services

must be documented and must include a record of hours worked, the work site,

and a description of work.

Volunteer labor will be valued at the same hourly labor rate as someone in the

Applicant’s organization performing similar work. If the Applicant does not have

employees performing similar work, then the rate should be consistent with

those ordinarily performing the work in the same labor market.

The value for donated equipment should be determined by using the applicable

FEMA equipment rate and multiplying it by the number of

hours the piece of equipment was used to perform eligible

emergency work.

Donated materials are valued at the current

commercial rate. If the materials were

donated by a Federal agency, such as

sandbags donated by the U.S. Army Corps of

Engineers, the materials cannot be applied for

volunteer credit.

References: Section 403 of the Stafford Act

44 CFR §13.24

Office of Management and Budget Circular A-87

Donated Resources, FEMA Policy 9525.2, dated August 17, 1999

Public Assistance Guide, FEMA 322, pages 40-41
34

Duplication

Of Benefits

When providing assistance, FEMA must ensure

that a Duplication of Benefits does not occur

between its own programs and insurance

recoveries and between its own programs and

assistance provided by other Federal agencies (see

Other Federal Agencies). If an Applicant can obtain

assistance for a project from another Federal agency,

then FEMA cannot provide funds for that project.

Grants and cash donations received from non-Federal sources designated for

the same purpose as public assistance funds are considered a duplication of

benefits. However, these funds may be applied towards the non-Federal cost

share. Grants and cash donations that are received for unspecified purposes or

ineligible work do not constitute a duplication of benefits.

A duplication of benefits most commonly occurs with insurance settlements. If a

damaged facility is insured, FEMA is required to reduce the amount of the grant

by any insurance proceeds that the Applicant anticipates or receives for the

insured facility, even if the Applicant has not completed negotiations with the

insurer. The Applicant is required to provide information concerning insurance

recoveries to FEMA, including copies of all applicable policies. FEMA will review

the insurance information and determine whether the settlement appears

proper in terms of the provisions of the policy (see Insurance). The retention of

duplicated funds is illegal, and duplicated Federal funds must be returned to

FEMA.

References: Section 312 of the Stafford Act

44 CFR §206.226(a)(1)

Duplication of Benefits – Non-Government Funds,

FEMA Policy 9525.3, dated October 30, 2000
35

Educational

Facilities

E

ducational Facilities are defined in terms of

primary, secondary and higher education schools.

For primary and secondary schools an education

institution is a day or residential school that provides

primary or secondary education as determined under

State law. This generally means that the school satisfies

State requirements for compulsory

attendance. Institutions of higher

education are also eligible provided

that:

4 They admit as students

persons having a high school

diploma or equivalent

4 They are legally authorized to

provide education beyond a

secondary level

4 They award a bachelor’s

degree or two-year degree

that is acceptable as full credit towards a bachelor’s degree

4 They are accredited by a nationally recognized agency or association

A higher educational institution is also defined as any school that provides not

less than a one-year training program to prepare students for gainful

employment in a recognized occupation and that meets the criteria set forth in

the first, second and fourth bullets above.

Eligible components of educational facilities include classrooms and related

supplies, equipment, machinery, and utilities of an educational institution

necessary for instructional, administrative, and support purposes. Buildings or

structures and related items primarily used for religious purposes or instruction

are not eligible.

References: Sections 102(8) and 102(9) of the Stafford Act

44 CFR §206.221(a) and (e), and §206.226(a)(2)

Public Assistance Guide, FEMA 322, pages 11-12
36

Eligibility

T

he Public Assistance Program is based on

statutes, regulations and policies. The statute, the

Robert T. Stafford Disaster Relief and Emergency

Assistance Act (Stafford Act), is the underlying

document that authorizes the program. Regulations

published in Title 44 of the Code of Federal Regulations

(44 CFR) Part 206 implement and interpret the statute.

Policies are written to apply the statute and regulations to specific situations.

These documents govern the Eligibility criteria through which FEMA provides

funds for public assistance. These criteria have the following four components:

The diagram above refers to the four building blocks of eligibility. The Applicant is

the basis for eligibility. The Applicant must be eligible for the facility to be eligible.

The facility must be eligible for the work to be eligible. The work must be eligible

for the cost to be eligible. Using these guidelines, FEMA determines if the

various components are eligible for disaster assistance (see also Eligible

Applicants, Eligible Costs, Eligible Facility and Eligible Work).

References: 44 CFR Part 206 Subpart H

Public Assistance Guide, FEMA 322, pages 7-60
37

Eligible

Applicants

F

our types of entities are Eligible Applicants for

public assistance. If an entity meets the requirements of one of the types, the Applicant may apply

for FEMA disaster assistance. The types of eligible

Applicants are:

1. State Government Agencies, such as:

4 Department of Transportation

4 Environmental Resources Agency

4 State Parks Agency

4 Water Quality Commission

2. Local Governments, including:

4 Towns, Cities, Counties

4 Municipalities, Townships

4 Local Public Authorities

4 Councils of Governments

4 Regional and interstate government entities

4 Agencies or instrumentalities of local governments

4 Special districts or regional authorities organized under State law

4 Rural or unincorporated communities represented by the State or a

political subdivision of the State

4 School Districts

3. Private Nonprofit organizations or institutions that own or operate facilities

that are open to the general public and that provide certain services otherwise performed by a government agency. Eligible facilities are limited to:

4 Educational

4 Emergency

4 Medical

4 Utilities

4 Custodial Care

4 Irrigation Organizations (see Irrigation Facilities)

4 Other essential governmental services not falling into one of the

categories described above, including community centers, homeless

shelters, libraries, museums, rehabilitation centers, senior citizen centers,

shelter workshops, zoos and health and safety service facilities

4. Federally recognized Indian Tribes or authorized tribal organizations and

Alaskan Native village organizations. This does not include Alaska Native

Corporations, which are owned by private individuals.

All eligible Applicants, except Indian Tribal governments that have been

designated as grantees, must submit their requests for assistance through the

State.

References: See “Topic References”
38

Eligible

Not all costs incurred by an eligible Applicant are

eligible for public assistance funding. Eligible

Costs are costs that:

1. Are reasonable and necessary to accomplish the

eligible work (see Reasonable Cost)

2. Comply with Federal, State, and local requirements

for procurement

3. Do not include (or are reduced by)

insurance proceeds, salvage values, and

other credits

The eligible cost criteria apply to all direct

costs, including salaries, wages, and fringe

benefits, materials, equipment, and contracts

awarded for eligible work.

In addition to these direct costs, an

Applicant will receive an administrative

allowance (see Administrative Allowance, Subgrantee).

References: Sections 311, 312, and 406 of the Stafford Act

44 CFR §206.228 and §206.250-253

Office of Management and Budget Circulars A-21, A-87, and A-122

Public Assistance Guide, FEMA 322, pages 33-35
39

Eligible

Facility

With certain exceptions, an Eligible Facility is a

building, works, system, or equipment that is

built or manufactured, or an improved and

maintained natural feature that is owned by an eligible

public or Private Nonprofit (PNP) Applicant. Land used

for agricultural purposes is not a facility (see Improved

Property).

To be eligible for Public Assistance funding a facility must:

4 Be the responsibility of an eligible applicant

4 Be located in a designated disaster area

4 Not be under the specific authority of another Federal agency

4 Be in active use at the time of the disaster

Examples of eligible Public

Facilities include:

4 Roads (non-Federal aid)

4 Sewage Treatment Plants

4 Airports

4 Irrigation Channels

4 Schools

4 Buildings

4 Bridges and Culverts

4 Utilities

Eligible Private Non-Profit facilities include

(see Private Nonprofit (PNP) Facility):

4 Educational facilities (classrooms,

supplies, and equipment)

4 Utilities (gas, water, and power

systems)

4 Emergency facilities (fire stations and

rescue squads)

4 Medical facilities (hospitals and

outpatient centers)

4 Custodial care facilities

4 Other essential government services

(see Eligible Applicants)

If a facility is being used for purposes other than which it was originally

designed, the eligible restoration is limited to the extent necessary to restore its

immediate pre-disaster use. An example of such an alternate use facility is an

office building being used as a storage facility at the time of the disaster. The

facility is only eligible for repairs to restore it as a storage facility. Any special

lighting or wall and floor finishes that are typical of an office building would not

be necessary as a storage facility and are, therefore, not eligible.

All eligible PNP facilities must be open to the general public.

References: Sections 102(8) and (9) of the Stafford Act

44 CFR §206.201(c), §206.221(e) and (h) and §206.226(i)(1)

Public Assistance Guide, FEMA 322, pages 10-15 and 16-22
40

Eligible Work

I

n general, Eligible Work is based on the following

minimum criteria:

4 It must be required as a direct result of the

declared event

4 It must be within the designated disaster area

(see Designated Disaster Area)

4 It must be the legal responsibility of an eligible

Applicant at the time of the disaster (see Legal

Responsibility)

For example, Brooks Run Culvert is located in Clarke County, which is a

designated disaster area. The eligible Applicant’s annual maintenance report

indicated that the culvert was half full of debris and sediment before the

disaster. Following the disaster, the Applicant requested that public assistance

funds be used to remove the obstruction from

the culvert, which was full after the

disaster. This work has limited

eligibility because the disaster did

not cause the total obstruction.

There are two types of work

eligible for the Public

Assistance Program. These

types of work are:

1. Emergency Work

2. Permanent Work

References: 44 CFR §206.223(a)

Public Assistance Guide, FEMA 322, pages 23-25
41

EMAC

T

he Emergency Management Assistance

Compact (EMAC) is a national compact among

many of the states which provides form and

structure to interstate mutual aid. It establishes

procedures whereby a disaster-impacted state can

request and receive assistance from other member

states quickly and

efficiently. EMAC resolves

two key issues up front:

liability and

reimbursement. The

Requesting State agrees

to (1) assume liability for

out-of-state workers

deployed under EMAC and

(2) reimburse Assisting

States (once proper, EMACspecific, documentation is provided) for

all deployment-related costs.

To the extent the specific agreement between

states meets the requirements of the FEMA policy on mutual aid, some of the

costs may be eligible for FEMA reimbursement (see Mutual Aid Agreement)

and would be subject to the Federal/non-Federal cost share for that disaster.

Reference: Mutual Aid Agreements for Public Assistance,

FEMA Policy 9523.6, dated August 17, 1999
42

Emergency

Protective

Measures

E

mergency Protective Measures are actions

taken by Applicants before, during, and after a

disaster to save lives, protect public health and

safety, and prevent damage to improved public and

private property. Emergency communications,

emergency access and emergency public transportation

costs may also be eligible.

Examples of eligible emergency protective measures are:

4 Warning devices (barricades, signs, and

announcements)

4 Search and rescue

4 Security forces (police and guards)

4 Construction of temporary levees

4 Provision of shelters or emergency care

4 Sandbagging

4 Bracing/shoring damaged structures

4 Provision of food, water, ice and other essential needs

4 Emergency repairs

4 Emergency demolition

4 Removal of health and safety hazards

References: Section 403 of the Stafford Act

44 CFR §206.201(b) and §206.225

Public Assistance Guide, FEMA 322, pages 47-52
43

Endangered

Species Act

(ESA)

T

he Endangered Species Act (ESA) ensures that

Federal agencies consider the effects that their

actions may have on threatened and endangered

species. The law also requires that Federal agencies

coordinate with the U.S. Fish and Wildlife Service

(USFWS) and the National Marine Fisheries Service to

prevent or modify those projects that will

jeopardize the continued existence of any

threatened or endangered species or that will

result in the destruction or adverse modification of

a designated critical habitat.

The law establishes a 3-step consultation process

with the USFWS, which FEMA uses as the basis

of its internal procedures for compliance. This

process must be completed before FEMA approves a grant for a project. The

compliance procedure consists of:

4 An internal review of the project area to ascertain the presence of any

endangered species and determine if the project could affect them

4 A request for a Biological Assessment or Biological Evaluation by the

USFWS if the review indicates there are endangered species present

4 A formal consultation with the USFWS if the Biological Assessment or

Evaluation indicates the action will “adversely affect”, “jeopardize”, or

“modify” threatened or endangered species or their habitats

Compliance with the ESA is often accomplished during the National

Environmental Policy Act (NEPA) compliance process; however, ESA and NEPA

are distinct laws with individual regulations and requirements. Even if a project is

exempted from compliance with NEPA, FEMA must comply with the ESA before

funding can be provided for that project.

Applicants must afford FEMA the opportunity to satisfy these requirements

before proceeding with the actual work. Failure to do so may jeopardize FEMA

funding.

Reference: Public Assistance Guide, FEMA 322, pages 107-108
44

E

ngineering and Design Services necessary to

complete eligible work are eligible for public

assistance. For estimating purposes, these

services generally fall into three categories.

4 Basic engineering

services required to

complete a project: these

services are common to

many construction projects and

include preliminary engineering analysis and design, final design, and

construction inspection. For large projects, FEMA generally estimates the

cost of these services when determining the grant amount for a project by

using a percentage of the estimated project cost.

When complex facilities must be repaired or replaced, FEMA may first

provide a grant using the estimate for basic engineering services based

on a scope of work so that the Applicant can retain an Architecture and

Engineering firm to design the new facility. Once the facility is designed,

FEMA can then develop the grant for construction using the design.

4 Special services: these services, which are not required on every

restoration project, include land surveys, geotechnical and hydrology

investigations, resident engineering services, environmental studies, and

feasibility studies. These services must be specifically described and must

be shown to be necessary for completing the eligible scope of work before

FEMA can approve a grant for them.

4 Construction inspections: some projects do not require engineering and

design but may require full-time construction inspection services because

of unusual situations. For example, a project involving a pile-driving

operation may have a specific inspection requirement. If a clear need for

such services is evident when a project estimate is prepared, FEMA may

approve a grant that does not exceed 3 percent of the estimated

construction cost.

Estimates for engineering and design services are typically not included in small

project estimates (see Small Projects), except for complex projects or projects

where specific services (such as a geotechnical analysis) are required.

Engineering

and Design

Services

Reference: Public Assistance Guide, FEMA 322, pages 75-80
45

A

ll types of Equipment, including vehicles, may be

eligible for repair or replacement when damaged

as a result of the declared event. When damaged

equipment cannot be repaired, FEMA will approve the

replacement of the item with a similar item of

approximately the same age, capacity and condition.

Blue book prices may be used as an initial guide for

vehicles damaged beyond repair. Replacement of

equipment with new equipment may be approved if a

used item is not available within a reasonable time and

cost. When applicable, salvage value of the damaged

items and insurance should be deducted from the

estimated replacement costs (see Categories of

Work).

Maintenance activities necessary due to the use of

equipment to perform emergency or permanent work

are not eligible. The cost of maintenance is part of the

equipment rate (see Equipment Rates). However, extraordinary maintenance

such as brake replacement for equipment when salt water operation was

required, is eligible for reimbursement.

 Additionally, when an Applicant does not have sufficient equipment or supplies

to respond effectively to the disaster, FEMA may assist in purchasing the

needed equipment and supplies. However, the Applicant may be required to

compensate FEMA for the fair market value of the cost of the equipment and

supplies when the items are no longer needed. The current fair market value is

the value of the equipment and supplies determined by selling them in a

competitive market. Alternatively, equipment leasing may be a reasonable

alternative to purchasing new equipment. Leasing costs must be reasonable

and total leasing costs cannot exceed the purchase price.

Equipment

References: 44 CFR §13.32 and §13.33

44 CFR §206.226(f) and §206.228(a)(1)

Office of Management and Budget Circulars A-21, A-87, A-110, and A-122

Damage to Applicant-Owned Equipment, FEMA Policy 9525.8, dated August 17, 1999

Disposition of Equipment, Supplies and Salvaged Materials,

FEMA Policy 9525.12, dated August 29, 2000

Public Assistance Guide, FEMA 322, pages 37 and 57
46

Equipment

Rates

T

he costs for using Applicant-owned (force account)

equipment while conducting eligible work may be

claimed on the basis of Equipment Rates. These

rates typically include operation, depreciation, fuel and

maintenance, but do not include operator labor. FEMA

recognizes the rate of either FEMA, State or local

equipment rates as follows:

4 FEMA rates: FEMA maintains a national schedule of equipment rates for

the operating costs associated with force account equipment.

4 State rates: Applicants that use equipment rates established under State

guidelines in their normal day-to-day operations may use State rates for

rates up to $75 per hour upon FEMA approval of the cost development

methodology. (Rates over $75 per hour may be approved by FEMA on a

case-by-case basis.)

4 Local rates: For Applicants that use rates developed by a local

government in their normal day-to-day operations, reimbursement is

based either on the local rates or the FEMA national schedule, whichever

is lower. If the local rate is lower and the Applicant certifies that the local

rate does not reflect actual costs, the FEMA rate may be used.

A sample of FEMA equipment rates is shown below.

Equipment rates are applied only to the time equipment is actually working.

Standby time and idle time are not eligible.

FEMA’s schedule of equipment rates can be obtained from the State at the

Applicants’ Briefing or from the FEMA website (www.fema.gov).

References: 44 CFR §206.228(a)

www.fema.gov/r-n-r/pa

Public Assistance Guide, FEMA 322, pages 37-38

REG

00

00

00

00

00

00

STATE

00

00

00

00

00

00

CNTY

000

000

000

000

000

000

COST

CODE

NO.

8680

8700

8710

8714

8715

8730

DESCRIPTION

Truck, Concrete, 8CY, 235 HP

Truck, Flatbed, 6,000 Lbs., 140 HP

Truck, Bucket, 30 Ft., 150 HP

Truck, Line, 150 HP

Truck Line, 210 HP

Truck, Garbage, 25 CY

UNIT

HR

HR

HR

HR

HR

HR

UNIT

PRICE

39.00

8.75

12.50

26.00

31.00

26.00
47

Erosion

E

rosion is the washing away of soil and rocks along

a stream bank, at the bottom (toe) of a slope or

from a hillside. The loss of material may damage

or threaten to damage improved property or facilities. If

the erosion causes an immediate threat, emergency

protective measures may be eligible for public

assistance. If the eroded area is part of

an improved and maintained natural

feature, such as an engineered channel,

FEMA will fund the permanent restoration

to pre-disaster design. (see Emergency

Protective Measures, Immediate

Threat, Bridges, and Landslides)
48

Facilities

Under

Construction

T

ypically, Facilities under Construction are the

responsibility of the contractor until the owner has

accepted the work as complete. In the event of

damage to a facility under construction, FEMA must

determine if the Applicant is responsible for repairs

before granting assistance. Repairs are eligible in the

following situations:

4 The contract under which the work is being performed places

responsibility for damage on the Applicant during the construction period.

4 Prior to the disaster, the Applicant had accepted the work as complete

and had, therefore, assumed responsibility. If the Applicant had accepted

responsibility for a portion of the site,

repairs to that portion of the site are

eligible.

Repairs are not eligible if the work is the

responsibility of the contractor at the time of

the disaster.

References: Section 406(e)(4) of the Stafford Act

Public Assistance Guide, FEMA 322, page 22
49

Federal-Aid

Roads

T

he Federal Highway Administration (FHWA)

administers the Emergency Relief (ER) Program to

assist State and local governments with the repair

of roads and bridges damaged during disasters. Funds

from this program are used for facilities that are

Federal-Aid Roads. Federal-Aid Roads include all

public roads functionally classified as other than local or

rural minor collectors (about one-quarter of all public road mileage in the

country).

The ER Program is the responsibility of the Secretary of Transportation and is

activated independently of major disaster declarations made by the President.

Frequently, the ER Program is not activated when the President declares a

major disaster. ER funds are used for both emergency and permanent work

and are granted on the basis of inspections performed by FHWA and State

highway department personnel.

Because FHWA has the authority to provide assistance on Federal-Aid Roads,

FEMA’s ability to provide Public Assistance (PA) Program assistance on these

roads is restricted, as described below.

4 Permanent Work: FEMA is prohibited from providing PA Program funds

for the permanent repair of roads and bridges that are Federal-Aid Roads,

even if the ER program is not activated. As a result, there may be times

when no Federal assistance is available for the permanent repair of

disaster-damaged facilities on Federal-Aid Roads.

4 Emergency Work: FEMA may provide limited assistance for emergency

work, such as debris clearance, on Federal-Aid Roads if ER funds are not

available for that work. This situation could occur if the ER Program is not

activated, or if a particular facility does not qualify for ER funding (e.g., a

site below the FHWA dollar threshold).

To speed the processing of PA Program grants, local officials should be aware

of roads in their communities that are considered Federal-Aid Roads.

References: Sections 102(8) and 312 of the Stafford Act

44 CFR §206.221(h) and §206.226(a)

Guide to the Federal-Aid Highway Emergency Relief Program, FHWA 95-021

Public Assistance Guide, FEMA 322, pages 19-20 and 53-54
50

FEMA-State

Agreement

T

he FEMA-State Agreement is a document signed

by the Governor of the State and the FEMA

Regional Director that states the understandings,

commitments, Federal cost share, and conditions under

which Federal assistance will be provided. The

agreement identifies the incident and the incident

period, specifies the types of assistance

that will be provided, lists the areas eligible to receive

assistance, outlines the cost sharing provisions, and

includes other special terms and conditions that

may apply.
51

Fire

Management

Assistance

F

ire Management Assistance (previously known

as the Fire Suppression Program) is administered

on a real time active “incident fire” basis, under

which a State submits a request for assistance to the

FEMA Regional Director at the time a “threat of a major

disaster” exists. The entire process is accomplished on

an expedited basis (telephone/fax) and a FEMA

decision is rendered in a matter of hours. Fire Management Assistance does

not require the declaration of a major disaster by the President.

Eligible costs include:

4 Field camps and meals

4 Use of publicly-owned equipment

4 Use of federally-owned equipment

4 Tools, materials, and supplies expended or lost

4 Safety items for firefighter health and safety

4 Mobilization and demobilization

4 Limited pre-positioning

Eligible activities are not limited to strictly firefighting activities, but may include

those activities associated with the firefighting effort.

Fire Management Assistance is available for the mitigation, management, and

control of any fire on public or private forestland or grasslands that threatens

such destruction as would constitute a major disaster. Program assistance is

coordinated with State and Tribal foresters and emergency managers.

Reference: Section 420 of the Stafford Act
52

Flood Control

Works

F

lood Control Works are facilities constructed for

the purpose of eliminating or reducing the threat of

flooding. Examples include:

4 Protective levees

4 Floodwalls

4 Flood control channels

4 Dams designed for flood control

Funds for the repair of flood control works are available through the U.S. Army

Corps of Engineers’ (USACE’s) PL 84-99 program and the Natural Resources

Conservation Service’s Emergency Watershed Protection program. Because

the repair of flood control works falls under the authority of other Federal

agencies, FEMA cannot provide public assistance funds for the permanent

repair of flood control works. This restriction applies even if funding is not

available from the other agencies.

FEMA may, however, provide funds for certain emergency measures involving

flood control works. These measures are described below.

4 Debris removal: removal of debris (for example, from a channel) is

eligible if it is necessary to reduce an immediate threat of damage to

improved property.

4 Flood fighting: activities such as sandbagging, pumping behind a levee

to protect improved property, and increasing the height of a levee to

prevent overtopping are eligible.

4 Emergency repair: emergency repairs, such as stabilizing a breach in a

levee, are eligible if they are necessary to save lives, to protect public

health and safety, or to lessen or eliminate the immediate threat of

additional damage to improved property. Funding is limited to work

necessary to provide protection from a 5-year flood or to provide the predisaster level of protection, whichever is less.

If a facility is enrolled in the USACE’s PL 84-99 program, FEMA cannot provide

assistance for emergency repairs to the facility because the USACE can

provide that assistance. If FEMA provides funds for emergency repairs for a

non-enrolled facility, the Applicant must agree to enroll the subject facility in the

USACE program. FEMA will not provide assistance for emergency repairs to

that facility in a subsequent disaster, even if the Applicant fails to enroll the

facility in the USACE program.

References: Section 312 of the Stafford Act

44 CFR §206.224, §206.225 and §206.226(a)

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 18-19
53

Flood

Insurance

A

 distinct reduction in disaster assistance is made

for facilities located in the 100-year floodplain,

whether or not the Applicant has the facility

insured by a National Flood Insurance Program (NFIP)

standard flood insurance policy. This reduction is the

maximum amount of insurance proceeds the Applicant

would have received if the facility had been fully covered

by an NFIP standard flood insurance policy. It is made separately for buildings

and contents up to a maximum of $500,000 each.

The items that may be eligible for disaster assistance include:

4 Items not covered by a standard flood insurance policy, such as asbestos

and lead-based paint abatement, depreciation, fences, non-building

facilities, and some items in a basement.

4 The cost of damages that are in excess of the maximum insurance

coverage available.

A FEMA flood insurance Specialist determines the amount of the reduction.

This Specialist will evaluate the NFIP policy and the damaged facility and

contents to determine the maximum amount of insurance coverage available for

that facility. The Applicant also must obtain and maintain flood insurance for the

future as a condition of receiving the Federal grant.

Notes:

4 If the insurance is not maintained, at the next disaster the facility will

receive no assistance.

4 If the estimate for the repair of disaster-related damage is less than

$5,000, the insurance purchase requirement is waived.

The reduction is not taken if a Private Nonprofit (PNP) facility is located in a

community that does not participate in the NFIP. However, the community must

join the NFIP within six months after the disaster and the PNP must purchase

the required insurance. If the community does not join, the PNP is not eligible

for assistance (see also Insurance).

References: Sections 311, 312, and 406 of the Stafford Act

44 CFR §206.250-253

Retroactive Application of a Letter of Map Amendment (LOMA) or Letter of Map

Revision (LOMR) to Infrastructure Grants, FEMA Policy 9530.1, dated August 8, 2000

Public Assistance Guide, FEMA 322, pages 96-98
54

Floodplain

Management

T

he objectives of Floodplain Management are to:

4 Avoid, to the extent possible, the long- and

short-term adverse impacts associated with

the occupancy and modifications of

floodplains

4 Limit direct and indirect floodplain

development wherever there is a practicable

alternative site

To accomplish these objectives, Executive

Order 11988 requires Federal agencies to

avoid the 100-year floodplain, unless there

is no practicable alternative, or to mitigate

the effect of potential flooding through

such measures as elevating structures.

FEMA must determine if a project is

located in a Special Flood Hazard Area

(SFHA) as designated on the National

Flood Insurance Program (NFIP) maps.

The SFHA is the area in a community subject to a one percent chance of

flooding (i.e., the 100-year floodplain). It includes the floodway and Coastal High

Hazard Area. A Federal action in an identified SFHA must be the only

practicable alternative.

Because many Public Assistance Program projects are located in floodplains,

FEMA must monitor the approval of grants for compliance with these

requirements.

References: Section 406(e) of the Stafford Act

44 CFR Part 9

Executive Order 11988

Public Assistance Guide, FEMA 322, pages 92-94 and 110
55

Fringe

Benefits

E

ligible labor costs include actual wages paid plus a

percentage of the actual wages that pays for

employee benefits. These benefits are referred to

as Fringe Benefits. Such benefits can include vacation,

holiday, insurance, retirement, unemployment, social

security, and worker’s compensation insurance. The

fringe benefit rates for regular and overtime are

different. Refer to Labor Costs for an explanation of

appropriate regulatory criteria and policy guidelines that

must be followed when claiming costs associated with

force account labor.

References: Section 406(a)(2)(C) of the Stafford Act

Office of Management and Budget Circulars A-21, A-87, and A-122

Public Assistance Guide, FEMA 322, page 37
56

Geotechnical

Study

AGeotechnical Study, for the purposes of the

Public Assistance Program, is an engineering

study that analyzes the condition of a slope that,

by failing, will affect improved property or threaten public

safety. A facility site without slope failure may also

require such a study. The FEMA Regional Director may

approve such a study if the slope failure is disasterrelated. The primary purpose of a geotechnical study is to establish the cause

and extent of the damages created by the declared disaster event, and to

propose emergency protective measures.

For Emergency Work, limited investigations are eligible if a threat to lives, public

health and safety, or improved property is

apparent. The study must determine:

1. If an immediate threat exists; and

2. The types of temporary emergency

protective measures that are needed to

reduce or eliminate an immediate threat.

For Permanent Work, limited investigations are

eligible if public assistance funds will be used to

restore a facility that is located on the slope. The

study must identify the location and extent of the

unstable ground in relation to an improved

property and the cause of the instability (including

any pre-existing conditions that would contribute

to a landslide). If the slide is determined to be

exclusively disaster related, the study must recommend cost-effective

stabilization projects (see Landslides and Unstable Soil).

References: Landslide Policy Relating to Public Facilities,

FEMA Policy 9524.2, dated August 17, 1999

Public Assistance Guide, FEMA 322, pages 54-55
57

Grant

Closure

Grant Closure occurs when FEMA determines that

all applicable administrative actions related to the

Public Assistance (PA) Program are complete and

all program funds have been reconciled. At this stage,

all PA Program projects have been completed, the State

has awarded all grant funds and submitted its final

expenditure report to FEMA, and FEMA has adjusted

the funding level for the program as appropriate.

Once grant closure occurs, no additional actions

related to the program may occur. FEMA may

conduct an audit of the program during or after

grant closure.

References: 44 CFR §13.50(a)

Office of Management and Budget Circular A-110

Public Assistance Guide, FEMA 322, page 87
58

T

he grantee is allowed administrative costs known

as State Management Administrative Costs in

addition to the Statutory Administrative Costs (see

Administrative Allowance, Grantee) for managing the

Public Assistance (PA) Program. These documented

eligible costs are paid through a Grant Management

Project Worksheet (PW). The PW is processed using

the Standard Project Number 852 and classified as Category Z.

Eligible costs include:

4 Regular time salaries and benefits incurred by State employees for

preparation or conduct of:

4 PWs

4 Final inspection reports

4 Project applications

4 Audits

4 Records

4 Claims

4 Project monitoring

4 Ensuring subgrantee compliance with laws, regulations, etc.

4 Supplies, material, equipment and office space necessary to manage the

disaster

4 Other related field expenses

4 Conduct of Applicant briefings

Eligible costs do not include overtime, per diem and travel costs of State

employees performing the above tasks

To be eligible, costs must be directly related to the management and

administration of the PA Program and must not include management and

administrative staff costs or other costs involved in the delivery of other disaster

programs and overall disaster recovery operations.

The grantee does not receive the normal automatically calculated grantee’s

Statutory Administrative Costs for this PW.

All grant management costs must be in conformance with the approved State

Administrative Plan for Public Assistance and the associated staffing plan.

References: 44 CFR Part 13

44 CFR §206.228(a)(3)

Office of Management and Budget Circular A-87

Public Assistance Guide, FEMA 322, page 44

Grant

Management

PW
59

Grantee

T

he Grantee is the State government, and in some

instances, an Indian tribe, to which the grant is

awarded (see Indian Tribal Governments). The

grantee is accountable for the use of the funds provided

by FEMA and is responsible for disbursing those funds

to the subgrantee (Applicant). The grantee is also

responsible for providing technical advice and

assistance to eligible Applicants, ensuring that all potential

Applicants are aware of the available assistance programs,

providing support for damage assessment operations, and

submitting the necessary paperwork for grant awards. See

State Administrative Plan for more information.

Reference: 44 CFR §206.201(e) and §206.202(b)
60

Hazard

Mitigation,

Section 404

Hazard Mitigation is any sustained action taken to

reduce or eliminate long-term risk to people and

property from natural hazards and their effects.

One type of hazard funding provided for in the Stafford

Act, Section 404, is the Hazard Mitigation Grant

Program (HMGP). HMGP funding is available

after disasters, but is not under the jurisdiction of

the Public Assistance Program. Program grant

funds available under Section 404 of the

Stafford Act provide states with the incentive

and capability to implement mitigation

measures that previously may have been

infeasible. The main purpose of the HMGP is

to ensure that the opportunity to take critical

mitigation measures to protect life and

property from future disasters is not lost during the

recovery and reconstruction process following a disaster.

The State is responsible for soliciting applications from eligible Applicants.

Eligible Applicants include State and local governments, certain private

nonprofit organizations, and Native American tribes and Alaskan Native

Villages. Projects submitted to the State must be in keeping with the State’s

hazard mitigation plan, address severe detrimental impacts, and have the

greatest potential to reduce future losses. Eligible projects include acquisition of

hazard-prone property, retrofitting existing buildings and facilities, elevation of

floodprone structures, and infrastructure protection measures.

Applicants who have questions regarding the Hazard Mitigation Grant Program

should contact the Public Assistance Coordinator, Disaster Field Office staff, or

the State Hazard Mitigation Officer.

References: Section 404 of the Stafford Act

Hazard Mitigation Grant Program Desk Reference, FEMA 345

Public Assistance Guide, FEMA 322, pages 98-99
61

Hazard

Mitigation,

Section 406

Hazard Mitigation, Section 406, is a funding

source for cost-effective measures that would

reduce or eliminate the threat of future damage to

a facility damaged during the disaster. The measures

must apply only to the damaged elements of a facility

rather than to other, undamaged parts of the facility or

to the entire system. For example, if flooding inundates

a sanitary sewer and blocks the manholes with

sediment, mitigation to prevent the blockage

of the damaged manholes in a future event

may be considered eligible. However, work

to improve undamaged manholes using the

same method would not be eligible, even

though the manholes are part of the same

system.

Hazard mitigation measures restore a facility beyond its pre-disaster design.

Section 406 mitigation measures are considered part of the total eligible cost of

repair, restoration, reconstruction, or replacement of a facility. They are limited to

measures of permanent work, and the Applicant may not apply mitigation

funding to alternate projects or improved projects if a new replacement facility is

involved. Upgrades required to meet applicable codes and standards are not

“mitigation measures” because these measures are part of eligible restoration

work.

References: Section 406(e) of the Stafford Act

44 CFR §206.201(f) and §206.226(c)

Hazard Mitigation Funding Under Section 406 (Stafford Act),

FEMA Policy 9526.1, dated August 13, 1998

Public Assistance Guide, FEMA 322, pages 98-101
62

Homeless

Shelters

Homeless Shelters may be eligible for grants if

they are public or Private Nonprofit facilities and

have the primary purpose of providing shelter to

homeless people. Services include food, water, shelter,

and clothing. FEMA funding is available to those

shelters that are open to the general public and operate

similar to a government service (see Buildings, Private

Nonprofit (PNP) Facility and Shelter Workshops).

References: 44 CFR §206.221(e)(6)

Public Assistance Guide, FEMA 322, page 14
63

Homeowners’ Associations are generally formed

for the specific purpose of managing, maintaining

and governing the use of property within a

specific defined area for and on behalf of the

homeowners of that area. Services sometimes include

emergency services such as fire and ambulance;

utilities such as power, water and sewer, and sewage

treatment; medical clinics; roadways within the defined community area; and/or

recreational facilities (golf, tennis, pools), parks and lakes, and community

centers.

A Homeowners’ Association may be eligible for public assistance for some

facilities if the Association meets the eligibility criteria for a Private Nonprofit

(PNP) Applicant (see Private Nonprofit (PNP) Applicant). Eligible facilities are

then limited to those eligible for a PNP Applicant (see Private Nonprofit (PNP)

Facility), and must be open to the general public. Roadways and recreational

facilities are not eligible PNP facilities.

Homeowners’ Associations generally have membership dues and prohibit

access by those who are not members or by citizens outside the geographic

community area. Under these circumstances, the services and facilities are not

considered to be open to the general public and, therefore, are not eligible for

public assistance.

In addition to permanent restoration, eligible facilities owned by a Homeowners’

Association (e.g., a sewage treatment plant) are eligible for debris removal and

other protective measures. The work must be done by either the Homeowners’

Association or by an eligible local or State level government entity. Removal of

debris from non-eligible facilities, such as roadways within the community, is only

eligible if performed by an eligible local or State level government entity.

Reference: Public Assistance Guide, FEMA 322, page 54

Homeowners’

Associations
64

Immediate

Needs

Funding (INF)

I

mmediate Needs Funding (INF) is intended to

meet an Applicant’s urgent needs in the initial

aftermath of a disaster. Upon request by the State,

FEMA can provide these funds for work an Applicant

must perform immediately and pay for within the first 60

days after the disaster declaration. The funding is

available for emergency work only; it cannot be used to

complete permanent repairs. Eligible activities typically include debris removal,

emergency protective measures, and removal of health and safety hazards. The

funding may be used to cover such costs as overtime payroll, equipment costs,

materials purchases, and contracts when these costs are incurred for

emergency work.

FEMA identifies potential immediate needs during the

Preliminary Damage Assessment (PDA; see Preliminary

Damage Assessment (PDA)). INF may total up to 50

percent of PDA estimates for eligible emergency work.

Upon approval, FEMA will fund the Federal share of the

total INF and funds are placed in the State’s account

within days of the disaster. If an Applicant receives

INF, the INF amount is later deducted from the

grants for the Applicant’s Category A and B

projects. The grantee is responsible for disbursing

INF to eligible Applicants.

Reference: Immediate Needs Funding Standard Operating Procedure, FEMA SOP

9570.7, dated September 1999
65

Immediate

Threat

T

he threat of damage to improved private or public

property or to lives, public health, and safety as a

result of an event that could reasonably occur

within 5 years 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. The following are examples of how the definition of an

immediate threat applies to various disaster scenarios:

4 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.

4 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).

4 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.

4 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 winddamaged 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 50-51
66

Improved

Projects

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 design. 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, function, 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.

Federal funding for improved projects is limited to the Federal share of the

estimated costs 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 can be combined with a grant from another

Federal agency; however, Federal grants cannot be used to meet the grantee or

local cost-share requirement.

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, page 85
67

Improved

Property

I

mproved Property is any structure, facility, or item

of equipment that was constructed, built, or

manufactured.

Examples of improved property include:

4 Buildings

4 Levees

4 Roads

4 Vehicles and Equipment

Unimproved property is not eligible for FEMA funding

for permanent restoration or for protection by the

performance of emergency protective measures.

Examples of unimproved property include agricultural

land, a hillside or slope, forest, or a natural stream

bank.

See Eligible Facility.

References: 44 CFR §206.201(c) and §206.221(d)

Public Assistance Guide, FEMA 322, pages 45 and 49
68

Inactive

Facilities

T

o be eligible for public assistance, a facility must

have been in active use at the time of the disaster.

Inactive Facilities are typically not eligible.

Exceptions to this requirement occur when:

4 The facility was only temporarily inoperative for

repairs or remodeling

4 The facility was temporarily unoccupied between

tenants

4 Future use by the Applicant was firmly established in

an approved budget

4 The owner can clearly demonstrate to FEMA that

there was an intent to begin use within a reasonable

amount of time

References: 44 CFR §226.226(i)(2)

Public Assistance Guide, FEMA 322, pages 20-21
69

Incident

Period

T

he 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 resulting from the disaster must

fall within the incident period or be a result of

events occurring during the incident period to

be eligible; however, emergency work

completed in reasonable anticipation of that

incident may also be eligible. The incident

period will be established by FEMA in the

FEMA-State Agreement.

Reference: Public Assistance Guide, FEMA 322, pages 23-24
70

Indian Tribal

Governments

F

ederally recognized Indian Tribal Governments,

including Alaska Native villages and organizations,

are eligible Applicants. Privately owned Alaska

Native corporations are not eligible Applicants.

Generally Indian tribes are considered subgrantees and

receive grant funds from the State, which acts as the

grantee (see Grantee). In some States, however, State

regulations prohibit the State from acting as grantee for an Indian tribe. In such

cases or upon their own choice, the tribal government may act as its own

grantee. The tribe must apply to the FEMA Regional Director to become its own

grantee.

An Indian tribal government that chooses to act as its own grantee becomes

responsible for the entire non-Federal share of the public assistance grant (see

Cost Share). In addition, the tribal government will be required to comply with

the following conditions in order to receive funding:

1. Meeting all requirements placed on a grantee in accordance with 44 CFR

Part 13

2. Executing a formal FEMA-Tribal Agreement similar to the FEMA-State

Agreement (see FEMA-State Agreement)

3. Developing and submitting a Public Assistance Administrative Plan similar

to the State Administrative Plan (see State Administrative Plan)

References: Section 102(6) of the Stafford Act

44 CFR Part 13

44 CFR §206.202(f) and §206.222(c)

Administering American Indian and Alaska Native Tribal Government Funding,

FEMA Policy 9521.4, dated December 28, 1999

Public Assistance Guide, FEMA 322, page 9
71

Insurance

T

he amount of Insurance proceeds (the greater of

actual or anticipated) is deducted from the eligible

costs. By taking the reduction, FEMA eliminates

the potential for duplication of benefits for the same loss.

This applies to both general property insurance and

flood insurance (see Flood Insurance).

For general property insurance, FEMA will use the

Applicant’s insurance adjustment, if available, to reduce the eligible amount of

funding by the amount of the actual insurance proceeds provided. However, if

this amount is unknown, a FEMA insurance Specialist will review the insurance

policy and damaged facility to determine the anticipated insurance proceeds,

which are then deducted from the original eligible amount. As a condition of

receiving Federal assistance, the Applicant must obtain and maintain insurance

sufficient to protect against future loss to such property from the same peril for

the life of the project.

For flood damage, the reduction of eligible costs is dependent on whether or not

the damage is located within the Special Flood Hazard Area (SFHA). The SFHA

is a comprehensive term established by the National Flood Insurance Program

(NFIP) that includes areas of the 100-year floodplain,

a floodway or a coastal high hazard area. If the

damage occurs outside of the designated SFHA, the

reduction is the same as described for general

property insurance. If the damage is within the

SFHA, and the Applicant has flood insurance but no

NFIP coverage, then FEMA will compare the

Applicant’s flood insurance adjustment to what they

could have obtained through NFIP coverage. Based

on the two adjustments, FEMA will use the highest

adjustment to deduct from the eligible costs (see

Flood Insurance).

Notes:

4 If the insurance is not maintained, the facility will receive no future

assistance

4 If the eligible damage is less than $5,000, the purchase of insurance is

not required

References: Sections 311, 312, and 406 of the Stafford Act

44 CFR §206.250-253

Duplication of Benefits, Non-Government Funds, FEMA Policy 9525.3,

dated October 30, 2000

Public Assistance Guide, FEMA 322, pages 94-98
72

Irrigation

Facilities

I

rrigation Facilities are channels and associated

features generally designed and constructed for the

purpose of transporting water for agricultural use.

However, to be eligible for public assistance funding, a

Private Nonprofit (PNP) Irrigation Facility must provide

essential services of a governmental nature to the

general public. This includes providing

water for fire suppression and generating

and supplying electricity and drinking water.

Eligible components of the irrigation system

include the canal and associated features,

such as siphons, pumps, retention/

collection dams, and flow control gates

associated with the eligible services. The

canals must be improved and maintained;

natural channels are not eligible. Debris

removal and permanent restoration are only eligible to the point of restoring the

pre-disaster hydraulic capacity. Irrigation facilities solely used for agricultural

purposes are not eligible.

The eligible portion of the services provided by eligible PNP Irrigation Facilities

meets the definition of critical services; therefore, PNP Applicants are not

required to apply for a Small Business Administration loan for that portion of their

operation (see Private Nonprofit (PNP) Facility-Critical Services and Small

Business Administration (SBA)). Grant assistance for eligible mixed-use

facilities will be prorated based on the use of the facility.

Publicly owned irrigation facilities generally are eligible for public assistance.

References: Sections 102(9) and 302 of the Stafford Act

Public Assistance Guide, FEMA 322, pages 14 and 55
73

Labor Costs

T

he 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 terms of an Applicant’s

employment and pay will be determined according to

the Applicant’s pre-disaster written policies. An Applicant’s own labor forces are

known as force account.

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:

4 Permanent employees

4 Reassigned employees

4 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:

4 Temporary employees

4 Essential employees called back from administrative leave

4 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.

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)(4)

Labor Costs – Emergency Work, FEMA Policy 9525.7, dated July 20, 2000

Public Assistance Guide, FEMA 322, pages 35-37
74

Landslides

L

andslides occur when a mass of soil, rock, or

other material on a slope moves, or threatens to

move due to adjacent slope failure. Such slope

failures may be caused by soil saturation, erosion, or

earthquake movement. Stabilization or restoration of

failed slopes is only eligible in the circumstances

described below.

Emergency Work: If a disaster-related landslide poses an

immediate threat to life, public health and safety, or

improved public or private property, cost-effective

measures for reducing the threat may be eligible.

Examples include evacuation, excavation, buttressing,

de-watering, modification of surface drainage, and

grading. Such measures must be temporary in

nature. FEMA will provide assistance to stabilize the

area of the immediate threat only; FEMA will not assist with the stabilization of

an entire hillside or with long-term stabilization of the limited area.

Permanent Work: If a disaster-related landslide damages an eligible facility,

repairs to that facility and replacement of a reasonable amount of lost natural

ground necessary to support the facility are eligible as long as the site is stable.

However, if the site was unstable before the disaster, the Applicant must pay to

stabilize the site before FEMA will provide funds to repair the facility. A damaged

engineered and constructed slope may qualify as a facility.

In some cases, the stability of a site cannot be determined by visual inspection,

and a geotechnical study may be necessary to determine the existence and

cause of instability (see Geotechnical Study).

If the disaster is the exclusive cause of site instability, FEMA can assist with

slope stabilization.

References: Landslide Policy Relating to Public Facilities,

FEMA Policy 9524.2, dated August 17, 1999

Public Assistance Guide, FEMA 322, pages 54-55
75

Large

Projects

T

wo different payment methods have been

established for Public Assistance Program grants.

The difference between the methods is dependent

on whether a project is small or large. That

determination is based on a cost threshold that changes

annually. The threshold is updated at the beginning of

each fiscal year and published in the Federal Register.

For the year ending September 30, 2001, the threshold is set at $50,600. If the

estimated cost of a project is equal to or exceeds this threshold, the project is

processed as a large project.

Large Projects are funded using a final accounting of actual costs. The steps

for processing a large project are described below.

1. A Project Worksheet is prepared by the Project Officer. FEMA approves

funding using the estimate and obligates the Federal share of the funds to

the State (see Payment of Claims).

2. As the project proceeds, the Applicant periodically request funds from the

State to meet expenses that have been incurred or that are expected in

the near future. It may take time to process a request for funds through

the State system, and the Applicant should take this into account when

timing requests for funds.

3. When the project is complete, the State determines the final cost of

accomplishing the eligible work, often performing inspections or audits to

do so. The State then submits a report on the completed project to FEMA,

certifying that the Applicant’s costs were incurred in the completion of

eligible work.

4. After reviewing the State’s report, FEMA will consider adjusting the

amount of the grant to reflect the actual cost of the eligible work.

While proceeding with the project, the Applicant must ensure that grant funds are

used only for eligible work. When reviewing final costs, the State cannot provide

funds for costs that are outside the scope of work approved by FEMA. The

Applicant should contact the State if changes to the scope of work are foreseen

or identified during performance of the work.

Similarly, an Applicant may find during construction that FEMA’s initial estimate is

too low. If this happens, the Applicant should request an increase in the funds

FEMA has made available for the work. As with changes in scope, the Applicant

should request funding level increases through the State as soon as the need

becomes apparent (see Cost Overrun).

References: 44 CFR §206.203(c)(1) and §206.205(b)

Public Assistance Guide, FEMA 322, pages 68 and 82-83
76

Legal

Responsibility

Work must be the Legal Responsibility of the

Applicant at the time of the disaster to be

eligible. Ownership of the facility is sufficient to

establish the responsibility for work to repair the facility.

However, if the Applicant leases the facility as a tenant,

repairs to that facility are not eligible unless the lease

specifically states that the lessee is responsible for the

repairs. A copy of the lease agreement should be provided to FEMA to

determine responsibility. The lease usually contains general repair and

maintenance language; however, responsibility for damage resulting from a

disaster may not be established. In the absence of any mention in the lease, the

owner of the facility is assumed to be responsible for the repair.

When an Applicant leases an owned facility to a tenant, the lease should be

examined to establish responsibility for disaster repairs.

Facilities owned by Federal agencies typically are not

eligible for public assistance. Some Federal

agencies, however, own facilities but turn

responsibility for operation and maintenance of

these facilities over to local agencies. These

may be eligible for public assistance. Examples

may include roads constructed by the Bureau

of Indian Affairs and reservoirs and water

delivery systems constructed by the U.S.

Bureau of Reclamation.

References: 44 CFR §206.223

Public Assistance Guide, FEMA 322, pages 16-17 and 25
77

Libraries

L

ibraries are eligible for Federal assistance, if they

are public or if they are owned by a Private

Nonprofit

organization, provided that they are open to the

general public. Some eligible costs associated with a

library include:

4 Removal and replacement of destroyed books,

shelving, carpeting and furniture

4 Labor involved with disposal and re-shelving of

books and cleaning of damaged books

4 Dump charges associated with the disposal of

books and debris

For other eligible costs, see Buildings, Equipment,

and Private Nonprofit (PNP) Facility.

References: Section 102 of the Stafford Act

44 CFR §206.226(g)

Public Assistance Guide, FEMA 322, page 14
78

Materials

T

he costs associated with supplies that were

purchased or taken from an Applicant’s stock and

used during performance of eligible work may be

claimed on the basis of quantity. Materials must be of

reasonable amount and

cost.

If available, actual costs

for materials should be quantified from invoices. If

invoices are not available, costs may be developed

from the Applicant’s historical data or by contacting

area vendors. Where applicable, salvage values

of items being replaced should be deducted

from costs.

References: Office of Management and Budget Circulars A-21, A-87, and A-122

Disposition of Equipment, Supplies and Salvaged Materials, FEMA

Policy 9525.12, dated August 29, 2000

Public Assistance Guide, FEMA 322, page 37
79

Private Nonprofit (PNP) Museums are confined

facilities that are constructed or manufactured to

preserve and exhibit a documented collection of

artistic, historic, scientific or other importance. PNP

Museums are eligible for public assistance provided that

they are open to the general public. Only the buildings,

fixed facilities and equipment used for the preservation

and exhibition of the collection, including appurtenances and infrastructure, are

eligible. Administrative buildings and other assets that are not essential to this

purpose, including the grounds and open natural areas, are not eligible.

Publicly owned museums generally are eligible for public assistance.

See Art for eligibility of museum collections and objects.

References: Sections 102(9) of the Stafford Act

44 CFR §206.221(e)(6)

Private Nonprofit Museum Eligibility,

FEMA Policy 9521.2, dated August17, 1999

Public Assistance Guide, FEMA 322, page 14

Museums
80

Mutual Aid

Agreement

AMutual Aid Agreement is an agreement between

jurisdictions or agencies to provide services

across boundaries in the event of an emergency.

The conditions of the agreement can be to provide

reciprocal services or direct payment for services.

FEMA will reimburse mutual aid costs provided that:

4 The agreement is written and was in effect prior to the disaster

4 The assistance is requested by the Applicant

4 The work performed is directly related to the

disaster and is otherwise eligible for FEMA

assistance

4 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

4 The agreement is not contingent upon declaration of a major disaster or

emergency

4 The entity can provide documentation of rates and payment for services,

if requested

The employees of the entity providing supplemental assistance are considered

as extra hires or contract labor; therefore, both regular and overtime labor are

eligible.

References: Mutual Aid Agreements for Public Assistance,

FEMA Policy 9523.6, dated August 17, 1999

Public Assistance Guide, FEMA 322, page 25
81

National

Environmental

Policy Act

(NEPA)

T

he National Environmental Policy Act (NEPA)

provides a specific planning process that Federal

agencies must follow before funding a project. The

process ensures that the agency decision makers and

local governments have considered, and the general

public is informed of, the environmental consequences

of the Federal action.

Emergency work (debris removal and emergency

protective measures) and any permanent work

project that restores a damaged facility essentially to

pre-disaster design are excluded from NEPA review

through a statutory exclusion identified in Section

316 of the Stafford Act. All other projects require

NEPA review.

Examples of these projects are:

4 Any project that involves breaking or

disturbing new or undeveloped ground

4 Work taking place in floodplains or wetlands

4 Improved projects that increase the size or footprint of a facility (see

Improved Projects)

4 Alternate or relocated projects (see Alternate Projects and Relocation,

Permanent)

4 Hazard mitigation projects affecting floodplains or wetlands, such as

culvert enlargements

4 Any project that changes the function of a facility

Although performance of a NEPA review is a Federal responsibility, Applicants

may be requested to provide information to expedite the process.

While the requirements of other environmental laws, such as the Endangered

Species Act and the National Historic Preservation Act, are independent of

NEPA, they are usually addressed in the NEPA process. Projects exempt from

NEPA must still be reviewed for compliance with these other laws.

References: Section 316 of the Stafford Act

44 CFR Part 10

40 CFR Parts 1500-1508

Environmental Policy Memoranda,

FEMA Policy 9560.1, dated August 17, 1999

Public Assistance Guide, FEMA 322, pages 102-104
82

National

Historic

Preservation

Act (NHPA)

T

he National Historic Preservation Act (NHPA)

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 structures, archaeological

sites, traditional cultural properties, or other cultural

resources included on, or eligible for inclusion on, the National Register of

Historic Places.

FEMA activities requiring NHPA compliance include repair or restoration of

historic facilities, demolition or removal of historic structures, and improved,

alternate, or relocated projects affecting historic or archaeological sites (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:

4 Identify historic properties that may be affected by

Federally funded activities

4 Assess the effects of the proposed work on

historic properties

4 Consult with the State Historic Preservation

Officer (SHPO)/Tribal Historic Preservation

Officer (THPO), the Advisory Council on

Historic Preservation and other interested

parties to resolve adverse effects

4 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

August 17, 1999

Public Assistance Guide, FEMA 322, pages 108-109
83

Negligence

Repair of damage caused by Negligence on the

part of the Applicant is not eligible for

reimbursement. This issue often arises when an

Applicant fails to take prudent measures to protect a

facility from further damage in the wake of a disaster.

For example, the roof of a library is damaged during a

hurricane. The Applicant does not install tarps on the

roof to protect the building’s interior for several weeks. In that time, repeated rain

showers destroy the exposed books and furnishings. The damage caused by

the rains is not eligible unless the Applicant can document and justify why

emergency protective measures were not implemented in a timely manner. The

installation of the tarps is an emergency measure that would be eligible.

Damage caused by the Applicant, if unavoidable, is not necessarily negligence,

especially in cases where the damage occurs during emergency response

efforts. For example, while using heavy equipment to prevent collapse of a

levee, an Applicant damages the road that provides access to the levee. Even

though the Applicant caused the damage, the repairs to the road may be eligible.

When inadequate design, such as an undersized culvert, contributes to damage,

such damage is not considered negligence.

References: 44 CFR §206.223(e)

Public Assistance Guide, FEMA 322, page 26
84

Notice Of

Interest (NOI)

F

ollowing the President’s declaration of an

emergency or major disaster, the Governor’s

Authorized Representative (GAR) or designee will

normally conduct meetings for all potential Applicants

for public disaster assistance. Applicants attending the

briefing are requested to complete and submit a

Request for Public Assistance (Request) (see Request

for Public Assistance (Request)). Prior to September 30, 1998, this Request

was called a Notice of Interest (NOI). The NOI was completed and submitted

at the briefing or it was to be submitted to the GAR no later than 30 days after

designation of the disaster area.

On the NOI, the Applicant indicated the broad categories of

work and damaged facilities that were caused by the disaster

incident and identified the Applicant’s representative who

would manage the grant application. The NOI was

replaced by the Request for Public Assistance on

October 1, 1998 (see Request for Public

Assistance (Request)).

Reference: 44 CFR §206.202(c)
85

Other Federal

Agencies

F

or 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:

4 Federal Highway Administration (FHWA): assistance with damage to

roads and bridges on the Federal-Aid Roads (see Federal-Aid Roads)

4 U.S. Army Corps of Engineers: repair of locally owned flood control works,

such as dams, levees, and flood control channels (see Flood Control

Works)

4 Natural Resources Conservation Service: repair of locally owned flood

control works (see Flood Control Works)

4 Department of Housing and Urban Development (HUD): assistance with

damaged properties of public housing authorities

Even though FEMA cannot assist with permanent repairs to these facilities, in

some cases FEMA may fund emergency work if the authorized agency decides

not to provide assistance. For example, if the FHWA decides not to provide

funds to clear debris from a road on the Federal-Aid Roads, FEMA may fund

the work. Additionally, the coordination agreement between FEMA and HUD

authorizes FEMA to fund disaster-related emergency work for disasterdamaged 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:

4 Roads constructed by the U.S. Forest Service and the Bureau of Indian

Affairs

4 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 March 19, 2001

Public Assistance Guide, FEMA 322, pages 17-20
86

F

EMA provides assistance for restoration of Parks

and Recreational Areas. Roads, buildings, and

utilities within those areas are eligible (see Roads,

Buildings and Utilities). Additional recreational

features, such as playground equipment, ball fields,

swimming pools, tennis courts, boat docks and ramps,

piers, and golf courses are also eligible. FEMA does

not pay for the restoration of natural features

such as stream channels, hillsides, trees, and

landscaping. Grass and sod are eligible only

when necessary to stabilize slopes and

minimize sediment runoff (see Trees,

Shrubs, and Other Ground Cover).

Repairs to beaches may be eligible in limited

circumstances (see Beaches).

Recreational facilities operated by Private

Nonprofit organizations are not eligible for

public assistance (see Categories of

Work).

Parks And

Recreational

Areas

References: Section 102(8) of the Stafford Act

44 CFR §206.221(e) and (h)

Public Assistance Guide, FEMA 322, pages 15 and 58-60
87

F

EMA and the State share responsibility for making

Public Assistance Program funds available to the

Applicant. This is accomplished through the

process known as Payment of Claims.

FEMA is responsible for approving project applications,

which serve as the basis for Federal funding. Once

approved, FEMA makes the Federal share of the

approved amount available to the State through a process known as obligation.

Funds that FEMA has obligated are available to the State via electronic transfer,

but reside in a Federal account until the State is ready to award grants to the

appropriate Applicants. The State administers the grant to the Applicant as

outlined in the State Administrative Plan.

The State is responsible for securing the State share of the grant amount and

for notifying the Applicant that funds are available. The method of payment to

the Applicant is dependent on whether the project is small or large.

4 Small projects: payment is made on the basis of an estimate prepared at

the time of project approval. The State makes payment to the Applicant as

soon as possible after FEMA has obligated the Federal share (see Small

Projects).

4 Large projects: the State makes payments to the Applicant on the basis of

actual incurred costs as the project proceeds. Once the project is

completed, FEMA may adjust the amount initially obligated for the project

depending on an accounting of final eligible costs (see Large Projects).

Payment Of

Claims

References: 44 CFR §13.21 and §206.205

Public Assistance Guide, FEMA 322, pages 82-83
88

Permanent Work refers to any activity that must be

performed to restore a damaged facility, from

minor repairs to complete replacement. The work

is grouped into categories (see Categories of Work).

There are three basic criteria for permanent work:

4 Design: FEMA provides funds to restore a facility to

its pre-disaster design. If a gravel road is washed out

during a flood, FEMA cannot provide a grant to

replace the gravel with a

paved surface.

4 Function: The facility must perform the same

function that it was designed to perform 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 twostory office complex. Only the repairs to the gym

are eligible. FEMA cannot provide a grant for the

conversion to office space.

4 Pre-disaster capacity: The restored facility must

operate at the capacity available before the

disaster. For example, a hospital designed for

100 beds is damaged beyond repair during a

hurricane. The eligible replacement facility must be designed for at least

100 beds. FEMA will not reimburse for the cost to build a larger hospital

required due to a greater service area or over-utilization of space. If code

dictates a larger area per unit of capacity, only then will FEMA pay to

increase the size of the building?

FEMA may make exceptions to these criteria for Alternate and Improved

Projects (see Alternate Projects and Improved Projects).

Permanent

Work

References: Section 406 of the Stafford Act

44 CFR §206.201(g) and §206.226

Public Assistance Guide, FEMA 322, pages 44 and 53-60
89

T

he costs of restoring damaged facilities are eligible

for public assistance funding, but only on the basis

of the facility’s Pre-Disaster Design. 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.

2. If a facility was inactive at the time of the disaster (see Inactive Facilities),

restoration will not be eligible except in those instances:

4 Where the facility was only temporarily inoperative for repairs or

remodeling

4 Where the facility was temporarily unoccupied between tenants

4 Where future use by the Applicant was firmly established in an approved

budget

4 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

Design

References: Section 406(e) of the Stafford Act

44 CFR §206.201(h) and §206.226(i)(1) and (2)
90

T

he Preliminary Damage Assessment (PDA) is a

joint venture between FEMA and the State and

local governments to document the impact and

magnitude of the disaster on individuals, families,

businesses, and public property. The Governor will use

the information gathered during the PDA process to

determine whether Federal assistance should be

requested.

The PDA is conducted once the State determines that the recovery effort is

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. After the PDA teams have documented the damage,

the Governor will determine whether or not 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 Director.

Preliminary

Damage

Assessment

(PDA)

Reference: 44 CFR §206.33

Public Assistance Guide, FEMA 322, page 2
91

APrivate Nonprofit (PNP) Applicant must meet

FEMA’s eligibility criteria for Applicants and must

have:

4 An effective ruling letter from the U.S. Internal

Revenue Service granting tax exemption under

Section 501(c), (d), or (e) of the Internal Revenue

Code of 1954, as amended, or

4 State certification that the organization is a

nonprofit organization under State law.

For PNPs performing an eligible function, assistance

includes repair or replacement of damaged facilities and

related cost, such as emergency protective measures to

prevent damage to the facility or its contents and debris

removal.

Operating costs for providing services are not eligible for PNP

Applicants, even if they are increased by the event. Ineligible items include labor,

material, and equipment costs for providing assistance to disaster victims, even

if the services are outside the organization’s basic mission. If the organization is

providing these services under contract to a local government or State agency,

the costs may be eligible if claimed by the government or agency.

PNP facilities that provide only non-critical services are required to apply for a

loan from the Small Business Administration before they can be considered for

FEMA assistance for permanent work (see Private Nonprofit (PNP) FacilityCritical Services and Small Business Administration (SBA)). If the PNP is

declined for a loan or the loan does not cover all eligible damages, the FEMAeligible PNP may apply to FEMA for the remainder of the cost to repair eligible

damaged facilities (see Eligible Applicants).

Private

Non-Profit

(PNP)

Applicant

References: Section 406(a)(2) of the Stafford Act

44 CFR §206.221(f) and §206.222(b)

Public Assistance Guide, FEMA 322, pages 10-15
92

APrivate Nonprofit (PNP)

Facility must be open to

the general public, the

responsibility of an eligible PNP

Applicant and provide an

essential governmental service.

These services are:

4 Educational

4 Utility

4 Emergency

4 Medical

4 Custodial Care

4 Irrigation Facilities

4 Museums

4 Zoos

Private

Nonprofit

(PNP) Facility

4 Community

Centers

4 Libraries

4 Homeless

Shelters

4 Senior Citizen Centers

4 Rehabilitation Facilities

4 Shelter Workshops

4 Health and Safety Services

PNP facilities include buildings, structures, and systems belonging to eligible

PNP Applicants. Administrative and support buildings essential to the operation

of PNP educational, emergency, medical and custodial care facilities are eligible

also. All eligible PNP facilities may apply directly to FEMA for emergency work

assistance. For permanent work, only PNP facilities that supply critical services

may apply directly to FEMA for assistance (see Private Nonprofit (PNP)

Facility-Critical Services and Irrigation Facilities). Others apply first to the

Small Business Administration (SBA) for assistance with permanent work (see

Small Business Administration (SBA)).

Facilities with mixed activities (eligible and non-eligible) may be eligible if the

facility has over 50 percent of its space dedicated to eligible uses. FEMA will

then consider damages to the entire facility, not just to the portion occupied by

the eligible service. However, assistance would be pro-rated based on the

percentage of space used for eligible purposes. Contents within the ineligible

space would not be eligible for any assistance. Assistance for costs not eligible

for FEMA assistance may be available from the SBA.

If the eligible portion of a mixed-use facility (as determined in the preceding

paragraph) provides critical services, in whole or in part, application may be

made directly to FEMA for permanent work for the eligible portion. If the

services are all non-critical, application should first be made to the SBA (see

Private Nonprofit (PNP) Applicant).

References: Section 102(9) of the Stafford Act

44 CFR §206.221(e) and §206.223(b)

Private Nonprofit Facility (PNP) Eligibility, FEMA Policy 9521.3, April 25, 2000

Public Assistance Guide, FEMA 322, pages 10-16 and 32-33
93

An eligible Private Nonprofit (PNP) Facility that

supplies Critical Services may apply directly to

FEMA for public assistance funding for

emergency work and permanent work. These critical

services include:

4 Power: facilities for generation, transmission, and

distribution of electric power

4 Water: facilities for the treatment, transmission and distribution of water by

a water company supplying municipal water. In addition, water provided by

an irrigation company for potable, fire protection or electricity generation

purposes (see Irrigation Facilities).

4 Sewer and Wastewater: facilities for collection, transmission, and

treatment of wastewater

4 Communications: facilities for transmission, switching and distribution of

telecommunications traffic

4 Emergency Medical Care: facilities which provide direct patient care to

include hospitals, clinics, outpatient services, and nursing homes

4 Fire Protection/Emergency: fire and rescue companies including

buildings and vehicles essential to providing emergency services, and

ambulance companies

Eligible PNP facilities that do not provide critical services must first apply for a

loan from the Small Business Administration (SBA) for permanent work

assistance (see Private Nonprofit (PNP) Facility and Small Business

Administration (SBA)). If they are declined for a loan or if the loan does not

cover all eligible damages, they may apply to FEMA for the remainder of the

damages. This distinction between critical and non-critical PNPs only applies to

permanent work assistance.

Eligible PNP facilities that do not provide critical services still may apply directly

to FEMA for emergency work assistance.

References: Section 406(a)(3) of the Stafford Act

44 CFR §206.221(e) and §206.223(b)

Private

Nonprofit

(PNP) Facility –

Critical Services
94

Private Property is not eligible for permanent

restoration under the Public Assistance Program.

However, an eligible Applicant or Federal agency

may perform emergency protective measures on private

property, such as the construction of a temporary levee

to protect private and public improved property. In this

case, the work performed is eligible; however, the

removal of the temporary levee on private

property is not eligible, unless the levee

causes a health and safety risk.

If an eligible Applicant damages private

property as a result of doing eligible work,

including the removal of debris, repairs to

that property are not eligible unless the

damage results in a health or safety

risk. Similarly, if private property is

damaged by a Federal agency engaged

in disaster response efforts, the Federal

government is not liable for repairs to that property because the State must hold

and save the Federal government free from damages resulting from the work.

Private

Property

References: Section 407(b) of the Stafford Act

44 CFR §206.208, §206.222, and §206.224

Public Assistance Guide, FEMA 322, page 46
95

Programmatic Closure occurs when FEMA

ensures that all of the grants awarded under the

Public Assistance Program for a given disaster

meet the statutory and regulatory requirements

governing the program. To achieve programmatic

closure, FEMA ensures that all funds for small projects

(see Small Projects) have been obligated and that for

all large projects (see Large Projects) funds have been fully obligated and work

complies with eligibility requirements and any conditions of the grant, such as

compliance with historic preservation regulations and any insurance purchase

requirements. In addition, FEMA must resolve any appeals before programmatic

closure (see Appeals).

Programmatic

Closure

Reference: Public Assistance Guide, FEMA 322, page 87
96

Project

AProject is a logical method of performing work

required as a result of the declared event. The

Applicant, working with the Public Assistance

Coordinator (PAC, see Public Assistance Coordinator

(PAC)), is responsible for assessing disaster-related

needs and developing projects to address those needs.

The Applicant must determine the best means for

addressing the needs and organize projects accordingly. Examples of projects

include:

4 A single site, such as a road washout or a damaged building

4 Multiple sites, such as repairs at various locations along a sewer line

4 A complex containing multiple facilities, such as a school campus or a

park

4 Work that has been, or will be done, by a single contractor or a single

work crew, such as debris removal or citywide repairs to windows in public

facilities

When developing projects, the PAC and Applicant must work together to

develop a complete scope of work for each project (see Scope of Work). In

addition, the Applicant should consider all direct costs associated with that

project. These costs include labor, equipment, materials, and contract costs.

References: 44 CFR §206.201(i)

Public Assistance Guide, FEMA 322, pages 63 and 69-71
97

Project

Approval

F

EMA bases Public Assistance Program grants on

estimates or actual cost information for individual

projects (see Project). When processing the

grants, FEMA assembles one or more of an Applicant’s

projects together as a Grant Package. Before funds are

made available to the State, FEMA must ensure that the

project complies with all applicable Federal laws,

regulations, and policies. This is known as the Project Approval process.

Responsibility for compliance rests with the Disaster Recovery Manager (DRM),

a FEMA official appointed by the FEMA Regional Director. The Public

Assistance Officer, working with State counterparts, is usually responsible for

the specific functions that must be performed to complete the granting of funds.

When a Grant Package is approved, FEMA makes funds available to the State

for the projects contained in that Grant Package. The State then notifies the

Applicant that FEMA has approved the projects and proceeds with the payment

process (see Payment of Claims). When the cost of work on a project is less

than $1,000, that work is not eligible.

If an Applicant has a large number of projects, it may take time to collect all of

the information needed for grant purposes. Rather than waiting until information

for all projects has been gathered, FEMA may process the projects in several

Grant Packages. This process allows funds to be made available to the

Applicant in increments.

In some cases, the initial scope of work or cost estimate for a project may have

to be modified before the DRM can approve the project. If the changes are

significant, FEMA will discuss the project with the State. The Applicant has the

right to appeal any determination made relative to a project that affects eligibility

or funding (see Appeals).

Reference: 44 CFR §206.201(j) and §206.202
98

T

he Project Worksheet (PW) is a tool used by the

Applicant and FEMA to develop projects (see

Project). The PW is used to record the following

information:

Project

Worksheet

(PW)

References: Public Assistance Guide, FEMA 322, pages 69-80

Public Assistance Applicant Handbook, FEMA 323, pages 17-33

4 Pre-disaster description of the facility and its

condition

4 The scope of eligible work for the project, including

the cause of damage, dimensions of damage, and

the work necessary to repair the damage

4 Estimated or actual costs necessary to complete

the work

4 Special considerations associated with the project,

such as insurance and hazard mitigation

For small and large projects, the Applicant is responsible

for maintaining supporting documentation. For selected

large projects, FEMA may collect supporting

documentation and store that information in the Case

Management File.

See Scope of Work, Special Considerations, Case Management File, Large

Projects, and Small Projects.
99

A

t the beginning of the disaster recovery process, a

Public Assistance Coordinator (PAC) is

assigned to each Applicant. The PAC is a

customer service manager who works with the

Applicant to resolve disaster-related needs and ensure

that the Applicant’s projects are processed as efficiently

and expeditiously as possible. By being involved from

the declaration to the obligation of funds,

the PAC ensures continuity of service

throughout the delivery of the Public

Assistance Program.

The PAC’s responsibilities include:

4 Meeting with the Applicant to discuss

the program and its application to the

Applicant’s specific needs

4 Working with the Applicant to develop

projects

4 Obtaining the appropriate technical

assistance if the Applicant requires it

4 Ensuring that projects comply with all applicable laws, regulations, and

policies

4 Ensuring that any Special Considerations associated with a project are

identified and reviewed

4 Coordinating with the State as necessary to resolve problems

4 Maintaining the Case Management File

See Preliminary Damage Assessment (PDA), Project, Special

Considerations, and Case Management File.

Public

Assistance

Coordinator

(PAC)

Reference: Public Assistance Guide, FEMA 322, pages 4-5 and 66-67
100

T

he Public Assistance Officer (PAO) is the

Federal official specifically responsible for

administering the Public Assistance (PA) Program

during disaster operations. As the program manager,

the PAO:

4 Advises the Federal Coordinating Officer on all PA

Program matters

4 Manages the operation of the public

assistance staff and any

coordination between the PA

Program and other arms of the

Federal disaster recovery effort

4 Works with State counterparts to

ensure that the PA Program is

effective in meeting the needs of

Applicants

4 Ensures that the PA Program is operating in compliance with all laws,

regulations, and policies

Typically, a State PAO is also designated. The State PAO has similar

responsibilities within the State organization, but is also responsible for keeping

Applicants informed and educated and for working with Applicants to resolve

problems.

Public

Assistance

Officer

(PAO)

Reference: Public Assistance Guide, FEMA 322, page 4
101

T

he definition of cost eligibility states that a cost

must be reasonable and necessary to be eligible.

What is a Reasonable Cost? A reasonable cost is

a cost that is both fair and equitable for the type of work

being performed. For example, charging $75/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:

4 Historic documentation for similar work

4 Average costs for similar work in the area

4 Published unit costs from national cost

estimating databases

4 FEMA cost codes

4 FEMA equipment rates

The reasonable cost requirement applies to all labor,

materials, equipment, and contract costs awarded for

the performance of eligible work.

Reasonable

Cost

References: Office of Management and Budget Circulars A-21, A-87, Attachment

A.C.2, and A-122

Public Assistance Guide, FEMA 322, pages 33-35
102

AReassigned Employee is an employee assigned

to perform eligible work that is not part of his/her

normal job. Many times during a disaster,

employees are tasked to help other departments

perform work. The labor cost for a reassigned employee

is eligible as long as the reassigned employee is

performing eligible work. An example of a reassigned

employee performing eligible work is having an office employee stacking

sandbags or a police officer removing debris from a roadway.

For emergency work, only overtime is eligible for reassigned employees. For

permanent work performed by an Applicant, both regular and overtime are

eligible.

When a reassigned employee has a higher salary than the

personnel normally performing the work, the eligible labor

rate should be an average rate for the employees who

normally perform that type of work.

Reassigned

Employee

Reference: Public Assistance Guide, FEMA 322, page 35
103

ARehabilitation Facility is an eligible Private

Nonprofit facility that operates for the purpose of

assisting in the rehabilitation of disabled persons.

Such a facility provides professional services for the

following types of evaluations:

4 Medical

4 Psychological

4 Social

4 Vocational

An eligible rehabilitation facility should provide a majority of

these services. See Private Nonprofit (PNP) Applicant

and Eligible Facility definitions for more details.

Publicly owned rehabilitation facilities generally are eligible

for public assistance.

Rehabilitation

Facility

References: 44 CFR §206.221(e)(6)

Public Assistance Guide, FEMA 322, page 12
104

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.

Eligible costs included in a relocation project are:

4 Demolition and removal of the old facility

4 Land acquisition

4 Construction of the new facility

4 Ancillary facilities, such as roads and utilities

When a relocation project is approved, no future

Federal 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 apply for

an Alternate Project (see Alternate Projects).

Relocation,

Permanent

References: 44 CFR §206.226(e)

Public Assistance Guide, FEMA 322, pages 31-32
105

When buildings that house essential community

services, such as schools, 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. Such costs include the

rental or purchase of temporary space and equipment. 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 required 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)). However, the Governor’s Authorized Representative (GAR) may

recommend a time extension based on information provided by the Applicant

documenting extenuating circumstances beyond the control of the Applicant,

complete design drawings, and the revised timeline for the permanent

restoration project. An extension will not be granted if the GAR does not meet

these requirements (see Time Limits).

References: Section 403 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, page 31

Relocation,

Temporary
106

F

EMA will restore an eligible facility to its predisaster design. Restoration is divided into two

categories: Repair or Replacement. If a facility is

damaged to the point where the Applicant thinks the

facility should be replaced rather than repaired, the

following calculation, known as the “50% Rule,” should

be used to determine the eligible components only. The

repair cost does not include codes and standards upgrades, demolition, site

work, or applicable project management costs.

1 Repair cost equals the cost of repair of damaged components only. The cost

does not include codes and standards upgrades, demolition, site work, or

applicable project management costs.

2 Replacement cost equals the cost of reconstructing the facility and includes

current codes and standards upgrades. The cost does not include

demolition, site work, or applicable project management costs.

Repair Cost1

Replacement Cost2

Repair Cost1

Replacement Cost2

 < 50% THEN only the repair cost is eligible

 > = 50% THEN the replacement cost is eligible

Repair Or

Replacement

IF

IF

References: Section 406(a) of the Stafford Act

44 CFR §206.226(d)(1)

Eligibility of Facilities for Replacement under 44 CFR 206.226(d)(1) (The 50%

Rule), FEMA Policy 9524.4, dated September 24, 1998

Public Assistance Guide, FEMA 322, pages 28-31
107

Request For

Public

Assistance

(Request)

T

he Request for Public Assistance (Request) is

the form a public or Private Nonprofit organization

uses to apply for disaster assistance. Using the

Request, potential Applicants can provide information

about their organizations, such as physical location,

points of contact, and information regarding Private

Nonprofit status. FEMA and the State use the

information submitted on the Request to determine if an Applicant is eligible for

public assistance.

The Request, which includes instructions for completion, must be submitted to

the State Public Assistance Officer within 30 days of the date of declaration or

designation of an area. The form may be submitted at the Applicants’ Briefing,

by mail, by fax, or electronically. Once submitted, the Request becomes part of

the Case Management File.

Potential Applicants may obtain a copy of the Request from the State

emergency management organization, through FEMA’s Internet website, or at

the Applicants’ Briefing.

See Eligible Applicants, Private Nonprofit (PNP) Applicant, Case

Management File, and Notice of Interest (NOI).

Reference: Public Assistance Guide, FEMA 322, pages 64-66
108

Roads

Roads (paved, gravel, and dirt) are eligible for

permanent repair or replacement under the Public

Assistance Program, unless they are Federal-Aid

Roads (see Federal-Aid Roads). Eligible work includes

repair to surfaces, bases, shoulders, ditches, culverts,

low water crossings, and other features, such as

guardrails. Damage to the road must be disaster-related

to be eligible for repair. In addition, repairs necessary as the result of normal

deterioration, such as “alligator cracking,” are not eligible because it is predisaster damage.

Landslides and washouts often affect roads.

Earthwork in the vicinity of a road may be eligible, but

only if the work is necessary to ensure the structural

integrity of the road (see Landslides).

Road or bridge closures resulting from a disaster may

increase traffic loads on nearby roads. If diverted

traffic causes damage to a road, FEMA may pay to

repair this damage if no alternative is available.

Restoration of a damaged road may include upgrades

necessary to meet current codes and standards, as

defined by the State or local department of highways

(see Codes and Standards). Typical standards affect

lane width, loading design, and construction materials.

References: Section 102(8)(B) of the Stafford Act

44 CFR §206.221(h) and §206.226(a) and (b)

Public Assistance Guide, FEMA 322, pages 53-55
109

Scope Of Work

Projects are defined by the specific damage

sustained at a facility and a detailed description of

the proposed repair. The components of the

proposed repair make up the Scope of Work. A good

scope of work contains three components:

4 The cause of damage

4 The dimensions and description of

the damage

4 The work necessary to repair the

damage or replace the facility

The scope of work is the basis for the cost

estimate; therefore, it is important that the

scope of work be concise yet

comprehensive enough to fully support what work is to be done and why it is

being done. The scope of work is developed through coordination between

FEMA field personnel, State representatives, and Applicants. For large projects,

FEMA must review each scope of work to ensure that the project complies with

all applicable Federal laws, regulations, and policies before funds can be

provided (see Project Approval). For small projects, a sample of the project is

reviewed (see Validation). (See Large Projects and Small Projects.)

References: 44 CFR §206.202(d)

Public Assistance Guide, FEMA 322, pages 71-73
110

Seismic

Safety

E

xecutive Order 12699 – Seismic Safety of Federal

and Federally Assisted or Regulated New Building

Construction – requires that all eligible

construction of new buildings under the Public

Assistance Program use appropriate seismic design

and construction standards and practices. This is true

regardless of the cause of the declared disaster or even

if the Applicant does not have applicable local or State seismic codes.

If a damaged building is eligible for replacement, the costs of meeting required

and reasonable seismic codes are also eligible. However, for new construction

of an alternate or improved project, any additional costs to satisfy appropriate

seismic requirements beyond those that would have been required for the

original approved project are not eligible, yet are required as a condition of the

grant.

References: Section 323 of the Stafford Act

Executive Order 12699, Seismic Safety of Federal and Federally Assisted or

Regulated New Building Construction, dated January 5, 1990

Seismic Safety – New Construction,

FEMA Policy 9527.1, dated January 13, 2000

Public Assistance Guide, FEMA 322, page 110
111

Sequence Of

Events

T

he following list outlines the general Sequence of

Events during a disaster. This sequence may vary

based on the circumstances of the disaster.

4 Disaster occurs

4 Local response – emergency operations center

activation - declaration of state of emergency

4 Continue emergency work – maintain records

(labor, equipment, materials, and contracts)

4 Compile initial estimated damage. Report to

State emergency management agency

4 Evaluate needs and request State/Federal

assistance

4 Federal/State survey of need – Preliminary

Damage Assessment

4 Governor’s request for Federal assistance

4 Presidential declaration

4 Designate Applicant’s agent

4 Attend Applicants’ Briefing and submit a Request for Public Assistance

4 Attend Kickoff Meeting with Public Assistance Coordinator (PAC) –

discuss project formulation

4 Prepare Project Worksheets – work with the PAC

4 Address applicable Special Considerations (floodplain management,

insurance, hazard mitigation and compliance with environmental and

historic preservation laws)

4 Complete application for Federal funds

4 Maintain required documentation (labor, equipment, materials, and

contracts)

4 Receive payment of small projects - for Federal share and possibly State

share

4 Complete approved disaster work within time allowed

4 Request final inspections

4 Submit documents for final inspection, program review and close-out

4 Receive reimbursement – final payment on large projects

4 Keep all documentation for 3 years after Applicant final expenditure report

Reference: Public Assistance Guide, FEMA 322, Appendix A
112

Shelter

Workshops

Shelter Workshops are Private Nonprofit (PNP)

organizations that create products utilizing the

skills of disabled persons. As with other PNPs,

they establish their eligibility by providing a government

service and being available to the general public.

This definition does not apply to shelters established for

disaster victims. FEMA may provide funds for

such a shelter if it is established and run by a

State or local government, but only if volunteer

agencies are unable to meet the need.

References: 44 CFR §206.221(e)(6)

Public Assistance Guide, FEMA 322, page 14
113

E

ligible Private Nonprofit (PNP) facilities that do not

provide critical services must apply to the Small

Business Administration (SBA) for permanent

work assistance before applying to FEMA. Such

services primarily include educational facilities, certain

non-emergency medical facilities and other

miscellaneous governmental services. (Critical services

generally include power, water, sewer and wastewater, communications,

emergency medical care, fire protection and emergency services.) (see Private

Nonprofit (PNP) Facility and Private Nonprofit (PNP) Facility-Critical

Services) The SBA loan application process for these “non-critical” PNP

facilities will generate one of three outcomes:

1. If the PNP is declined for an SBA loan, then the PNP may apply to FEMA

for public assistance.

2. If the SBA loan fully covers eligible damages from the disaster event, then

no assistance from FEMA is available.

3. If the maximum loan for which the facility is eligible does not fully cover

eligible damages, then the PNP may apply to FEMA for public assistance

funds to cover the excess amount of damage.

FEMA will coordinate with SBA to ensure prompt processing of all PNP loan

applications, but the PNP organization is responsible for completing the

application to SBA. PNPs that may be eligible for FEMA assistance (outcomes 1

or 3) will be issued a determination letter from SBA. SBA will supply a copy of

its determination letter to FEMA, but the Applicant is also responsible for reapplying to FEMA for assistance, if necessary.

Non-critical PNP facilities requiring emergency work assistance and PNP

facilities providing critical services are not required to apply to SBA but rather

may apply directly to FEMA.

See Private Nonprofit (PNP) Facility and Private Nonprofit (PNP) FacilityCritical Services.

References: Section 406(a)(3) of the Stafford Act

44 CFR §206.221(e)

Small Business

Administration

(SBA)
114

Small Projects

T

wo different payment methods have been

established for Public Assistance Program grants.

The difference between the methods is dependent

on whether a project is small or large. That

determination is based on a cost threshold that changes

annually. The threshold is updated at the beginning of

each fiscal year and published in the Federal Register.

For the year ending September 30, 2001, the threshold is set at $50,600. If the

estimated cost of a project is less than this threshold, the project is processed

as a small project.

Small Projects are funded using an initial estimate of costs. The steps for

processing a small project are described below.

1. An estimate is prepared either by FEMA or by the Applicant (see

Validation). FEMA approves funding using the estimate and obligates the

Federal share of the funds to the State (see Payment of Claims).

2. The State provides funds to the Applicant as soon as possible after FEMA

obligates the funds.

3. The funding level for small projects is fixed, regardless of the final cost

incurred by the Applicant (see Cost Overrun for exceptions).

4. FEMA does not perform a final inspection of completed small projects;

however, the State must certify that the Applicant completed the work in

compliance with all applicable laws, regulations, and policies. Therefore,

the State may decide to review some, if not all, of an Applicant’s small

projects.

The advantage of this process is that processing of the grant is expedited; funds

are available as soon as the Project Worksheet is approved rather than after the

Applicant submits documentation of costs.

References: Section 422 of the Stafford Act

44 CFR §206.203(c)(2) and §206.205(a)

Public Assistance Guide, FEMA 322, pages 68, 80, 82-83 and 116
115

Snow Removal

Assistance

Snow Removal Assistance is eligible for Federal

assistance provided that:

4 The snowfall is of record or near record

4 The response is beyond the State and local

government capabilities

4 The action is necessary to save lives, protect

public health and safety, and protect

improved property

Other circumstances, such as heavy snowfall

over an extended period of time, severe

winds and extraordinary drifting,

extraordinary ice formations, and the

cumulative effect of snow on the ground may

warrant assistance even if the snow depth

does not exceed record snowfall levels.

Snow removal assistance will be provided for a continuous 48-hour time period

to address the most critical emergency needs. The 48-hour period for snow

removal assistance may begin at a time other than when the storm actually

began. The Applicant will designate the beginning of the 48-hour period.

Emergency protective measures, as described in 44 CFR, Section 206.225 are

eligible for assistance following a major disaster or emergency declaration. It is

assumed that the most critical needs will be addressed during the 48-hour

period. Therefore, all snow plowing and related work (salting and sanding) is

eligible for reimbursement from FEMA during the approved time period. The

provisions of 44 CFR, Section 206.228 (a)(4) apply.

References: 44 CFR §206.227

Snow Assistance Policy, FEMA Policy 9523.1, dated December 28, 1999

Public Assistance Guide, FEMA 322, pages 52-53
116

Special

Considerations

F

EMA 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 floodplain management,

insurance, hazard mitigation measures, and compliance

with other Federal laws and regulations, such as those

pertaining to protection of the environment and historic

preservation.

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:

4 Teams work to identify Special Considerations during the Preliminary

Damage Assessment (see Preliminary Damage Assessment (PDA))

4 FEMA meets with the State and other agencies that might be involved in

Special Considerations to outline strategies for resolving Special

Considerations issues

4 The Public Assistance Coordinator (PAC; see Public

Assistance Coordinator (PAC)) works with the

Applicant to identify Special

Considerations issues as early as

possible in the project formulation

process

4 FEMA provides Specialists to review

Special Considerations issues at the

Disaster 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 89-111
117

Stafford Act

T

he Stafford Act: The Robert T. Stafford Disaster

Relief and Emergency Assistance Act, 42 U.S.C.

§5121 et. seq. as amended, authorizes the

President (FEMA per Executive Order 12673) to provide

financial and other forms of assistance to State and

local governments, certain Private Nonprofit

organizations, and individuals to support response,

recovery, and mitigation efforts following Presidentially

declared major disasters and emergencies. The Stafford

Act describes the declaration process, the

types and extent of assistance that may be

provided, and fundamental eligibility

requirements.

Reference: Public Assistance Guide, FEMA 322, pages 1, 7 and Appendix B
118

State

Administrative

Plan

T

he State is required to develop a State

Administrative Plan to administer the

Public Assistance (PA) Program. The

Plan should include the designation of

responsibilities for State agencies and

include staffing for the PA Program.

Reference: 44 CFR §13.11 and §206.207

The State Administrative Plan should also include procedures for:

4 Notifying potential Applicants

4 Conducting Applicants’ Briefings

4 Assisting FEMA in determining Applicant eligibility

4 Participating in the damage assessment and project application

processes

4 Processing appeals

4 Compliance with 44 CFR Parts 13 and 206

4 Compliance with audit requirements

4 Processing advances of funds and reimbursement

4 Determining staffing and budget requirements

An approved State Administrative Plan must be on file with FEMA before grants

will be approved for any major disaster. The approved State Administrative Plan

should be incorporated into the State’s emergency plan.
119

State

Management of

Small Disasters

T

he State Management of Small Disasters

(SMSD) initiative allows a capable State to

manage the Public Assistance Program operation,

including project eligibility reviews, process control, and

resource allocation on small disasters. The participating

State enters into an Operational Agreement with FEMA,

which devolves many aspects of program management.

FEMA retains obligation authority, ensures compliance with environmental and

historic laws, participates in quality control reviews with the State, and provides

technical assistance as requested by the State.

Small disasters are disasters that warrant a major disaster declaration by the

President, but are limited in scope and size as defined by the following:

4 Statewide infrastructure damage up to $2 per capita, or

4 About $15 million dollars in damages, or

4 Limited to debris removal and emergency protective measures, or

4 Within an individual State’s capability to manage.

For a State to be eligible to manage a disaster under this initiative, it must meet

the following criteria:

4 Recent disaster experience

4 Adequate State staff

4 SMSD Addendum to the State Administrative Plan for Public Assistance

4 Fiscal accounting system that can track specific projects, withstand audit,

and be used to evaluate appeals

4 Established record of having met deadlines for grant management

activities
120

State Role

F

EMA and the State work as partners to deliver the

Public Assistance (PA) Program. The State Role is

as follows:

Reference: 44 CFR §206.202(b)

4 Providing technical support and assistance

to Applicants

4 Ensuring that potential Applicants are

educated about the PA Program and are

aware that the assistance is available

4 Assisting FEMA in the collection of

damage information and the preparation of

cost estimates

4 Submitting applications to FEMA for

approval

4 Granting funds to Applicants

4 Administering the grants through project

monitoring, inspection, and reconciliation

4 Submitting large project accounting and

small project completion certification to

FEMA
121

Subgrantee

T

he Subgrantee (also referred to as an Applicant) is

a State agency or local government, American or

Native Indian Tribe, Private Nonprofit organization,

or other legal entity to which public assistance funds are

awarded. The subgrantee:

4 Is accountable to the grantee for the use of the

funds provided by FEMA

4 Should attend the Applicants’ Briefing to learn about the necessary

paperwork to apply for Federal assistance and documentation required for

the Project Worksheet process

4 Should submit a Request for Public Assistance at the Applicants’ Briefing

or not later than 30 days after designation of the County

4 Is responsible for providing documentation and

personnel to work with FEMA and the State in

the damage assessment and project

application processes

4 Is responsible for completing its recovery

actions

4 Must identify all damages to the State and

FEMA

Reference: 44 CFR §13.3, §13.37, and §206.201(l)
122

Tax

Assessments

F

ollowing 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
123

Technical

Assistance

Contractors

(TAC)

F

EMA maintains nationwide, stand-by contracts with

a group of engineering firms called Technical

Assistance Contractors (TACs). The TACs

provide skills and services to meet Public Assistance

Program needs that cannot be addressed using FEMA

staff. FEMA may request TAC assistance when

Specialists are needed, such as in estimating the

damages to complex facilities. The TACs also provide

certain non-engineering services, such as insurance

adjustment services and historical and environmental

reviews.
124

Temporary

Employees

T

emporary Employees are personnel hired by the

Grantee or Applicant 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.

References: Section 406(e)(5) of the Stafford Act

Public Assistance Guide, FEMA 322, page 35
125

Time Limits

F

EMA has established Time Limits for requesting

assistance and for completing work using Public

Assistance Program grants.

Requesting Assistance

4 An applicant must submit a Request for Public

Assistance within 30 days of the date that the

area was designated a disaster area

4 Project information must be submitted to FEMA within

60 days of the Kickoff Meeting

4 FEMA will take action on granting funds for a

specific project within 45 days of receiving all of the

information for that project.

4 A subgrantee may appeal FEMA’s decision to

the grantee within 60 days of being notified of

that decision.

Completing Work

The time frames for completing eligible work are also measured from the date

of declaration of the disaster and vary depending on the type of work.

Time Extension

All time frames are set by regulation; however, if extenuating circumstances or

unusual project conditions exist, a time extension may be requested through the

grantee. The grantee has the authority to extend the time frames for completion

of debris removal and emergency work by 6 months and permanent work by 30

months. For all other extensions, the grantee must request the extension from

FEMA.

References: 44 CFR §206.202, §206.204, and §206.206

Public Assistance Guide, FEMA 322, pages 60, 66, 86 and 114-115

Months After Designation

6

6

18

Type of Work

Debris Clearance

Emergency Work

Permanent Work
126

Trees, Shrubs,

And Other

Ground Cover

T

rees, 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 trees as emergency

protective measures if the removal does one of the

following:

4 Eliminates an immediate threat to lives,

public health and safety;

4 Eliminates the immediate threats of

significant damage to improved public or

private property; or

4 Ensures the economic recovery of the

affected community to the benefit of the

community at large.

However, FEMA will not reimburse for the replacement of these trees.

References: Trees, Shrubs, and Other Plantings Associated with Facilities,

FEMA Policy 9524.5, dated September 24, 1998

Public Assistance Guide, FEMA 322, page 60
127

Unstable Soil

T

his entry relates to the choice of Alternate

Projects. Unstable soils are soils that are no

longer capable of supporting a structure for its

intended purpose. When such conditions occur beneath

or adjacent to improved property, the reasonableness of

repairing or reconstructing the facility in its original

location must be evaluated. A Geotechnical Study may

be required to assess the condition of the soils to determine if they are capable

of supporting the facility and to determine the level of effort necessary to

restore the facility at this location (see Landslides and Geotechnical Study).

If the damaged facility is in an area of unstable soil and the Applicant has

determined it is not in the best interest of the public welfare to restore the facility

to its pre-disaster design, the Applicant may request an Alternate Project (see

Alternate Projects). For sites with unstable soils, the amount of public

assistance funding will be reduced to 90 percent of the Federal share of the

Federal estimate for the repair of the damaged facility if the facility is publicly

owned. For sites with stable soils and for facilities not publicly owned, funding is

reduced to 75 percent (see Alternate Projects).

Reference: Section 406(c) of the Stafford Act
128

Utilities

T

ypical Utilities include:

4 Water treatment plants and delivery systems

4 Power generation and distribution facilities,

including generators, substations, and power

lines

4 Sewage collection systems and treatment plants

4 Telecommunications

The owner of a facility is responsible for determining the extent of damage

incurred. FEMA does not provide funds for random surveys to look for damage,

such as TV inspection of sewer lines. If disaster-related damage is evident,

however, FEMA may pay for inspections to determine the extent of the damage

and method of repair.

While FEMA will pay for restoration of damaged

utilities, FEMA does not provide funds for

increased operating expenses resulting from a

disaster. Similarly, FEMA cannot provide funds

for revenue lost if a utility is shut down. However,

the cost of establishing temporary, emergency

services in the event of a utility shut-down may

be eligible.

References: 44 CFR §206.221(h) and §206.226

Public Assistance Guide, FEMA 322, pages 57-58
129

Validation

F

EMA must ensure that public assistance grants

comply with all applicable laws, regulations, and

policies. When an Applicant prepares and submits

small projects (see Small Projects) for approval, FEMA

conducts a Validation process to ensure compliance.

During validation, a Specialist from FEMA or the State

reviews a portion of the Applicant’s small projects to

confirm that the Applicant has developed accurate scopes of work and cost

estimates and that the Applicant has sufficient documentation to support the

project eligibility and cost. Normally, the review is limited to 20 percent of the

Applicant’s small projects; however, if problems are found, the sample size may

be expanded.

At the beginning of the recovery process, the Applicant’s Public Assistance

Coordinator (PAC; see Public Assistance Coordinator (PAC)) is responsible

for describing the validation process to the Applicant and ensuring that the

Applicant is aware of documentation requirements. Validation occurs after the

Applicant has developed small projects for all disaster-related work. The PAC is

responsible for working with the Applicant to schedule validation. Validation

should be completed within 15 days of receipt of the Applicant’s small projects.

Reference: Public Assistance Guide, FEMA 322, pages 80-82
130

Water Control

Facilities

Water Control Facilities are those facilities built

for the following purposes:

4 Channel alignment

4 Recreation

4 Navigation

4 Land reclamation

4 Fish and wildlife habitat

4 Interior drainage

4 Irrigation

4 Erosion prevention

4 Flood control

Public assistance eligibility is limited for facilities

built specifically for flood control (see Flood

Control Works). Those built for other purposes

are evaluated as any other eligible facility.

References: Section 102(8)(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 55-56
131

Topic References

Topic Policy

Digest

Stafford

Act

44 CFR Other

Regulations

Policy

and Other

PA

Guide

44 CFR 1 8

App. C

Administrative

Allowance,

Grantee

2 ) 4 ) 06(f)(1 2 4 06.228(a)(2 41-4

Administrative

Allowance,

Subgrantee

3 ) 4 ) 06(f)(2 2 3 06.228(a)(2 41-4

Alternate

Projects

4 ) 4 ) 06(c 2 5 06.203(d)(2 84-8

Americans

with

Disabilities Act

(ADA)

5

206.226(b)

36 CFR Part

1190

28 CFR Part 35

9525.5 Americans with

Disabilities Act (ADA

Access Requirements (10/26/00)

Appeals 6 3 4 6 2 2 7 06.20 85-8

Applicants'

Briefing

7 46

Art 8 6 9524. Collections and

Individual Objects

(8/17/99)

57

Audits 9 8 31

705

14.1, 14.2

206.207(c)

OMB Circular

A-133

117-118

Beaches 1 ) 0 2 0 06.226(h 59-6

Bridges 1 ) 1 1 ) 02(8 206.221(h

206.226(a)

206.226(b)

53-54

Building

Inspection

1 3 2 4 2 0 9523. Eligibility of

Building Inspections in

a Post-Disaster

Environment (6/23/98)

52

Buildings 1 ) 3 1 ) 02(8)(c 206.221(h

206.226

9525.5 Americans with

Disabilities Act (ADA)

Access Requirements

(10/26/00)

9527.1 Seismic Safety

- New Construction

(1/13/00)

56

Case

Management

File

14

Categories of

Work

15 44-60

Coastal

Barrier

Resources Act

(CBRA)

1 ) 6 4 , 06(e Part 206

Subpart J

105-107

Codes and

Standards

1 ) 7 406(e 409206.221(i)

206.226(b)

27-28
132

Topic References

Topic Policy

Digest

Stafford

Act

44 CFR Other

Regulations

Policy

and Other

PA

Guide

Community

Centers

1 ) 8 2 1 06.221(e)(6 9521. Community

Center Eligibility

(8/11/98)

14-15

Community

Disaster Loans

1 7 9 4 t 1 206 Subpar

K

Contracts 2 3 0 P r art 1 OMB Circula

A-102,

41 U.S.C. 403(11)

PA Debris

Management Guide,

FEMA 325, 27-34

PA Debris Operations

Job Aid, FEMA

9580.1, 34-38

39-40

75

81

Cost Codes 2 4 1 3

75

Cost Estimate 2 ) 2 2 5 06.202(d 73-7

Cost

Estimating

Format (CEF)

23

Cost Overrun 2 ) 4 2 3 06.204(e 8

116

Cost Share 2 ) 5 403(b

406(b)

503(a)

2 4 06.203(b)

Damage

Survey Report

(DSR)

2 ) 6 206.202(d

Davis-Bacon

Act

2 ) 7 1 6 3.36(h)(5 3

Debris

Removal

2 3 8 40

407

2 s 06.224 PA Debri

Management Guide, FEMA 325

PA Debris Operations Job Aid, FEMA 9580.1

45-47

Debris Salvage 2 2 9 9525.1 Disposition of

Equipment, Supplies

and Salvaged

Materials (8/29/00)

Declarations 3 ) 0 102(1

102(2)

2 3 06.31-48 2-

Demolition 3 3 1 40

406

407

206.225

206.226

9523.4 Demolition of

Private and Public

Facilities (11/9/99)

49

Designated

Disaster Area

3 3 2 2 5 06.22 24-2

Donated

Resources

3 3 3 4 4 0 1 r 3.2 OMB Circula

A-87

9525.2 Donated

Resources (8/17/99)

40-41

Duplication of

Benefits

3 2 4 3 ) 1 2 3 06.226(a)(1 9525. Duplication of

Benefits Non- Government Funds

(10/30/00)
133

Topic References

Topic Policy

Digest

Stafford

Act

44 CFR Other

Regulations

Policy

and Other

PA

Guide

Educational

Facilities

3 ) 5 102(8

102(9)

206.221(a)

206.221(e)

206.226(a)(2)

11-12

Eligibility 36 206 Subpart H 7-60

Eligible

Applicants

3 ) 7 102(4

102(6)

206.201(a)

206.221(f)(g)

206.222

9-10

Eligible

Costs

3 1 8 31

312

406

206.228

206.250-253

OMB Circulars A- 21, A-87, and A12233-35

Eligible

Facility

3 ) 9 102(8 and (9)206.201(c)

206.221(e)(h)

206.226(i)(1)

10-15

16-22

Eligible Work 4 ) 0 2 5 06.223(a 23-2

EMAC 4 6 1 9523. Mutual Aid

Agreements for

Public Assistance (8/17/99)

Emergency

Protective

Measures

4 3 2 4 ) 0 226.201(b

206.225

47-52

Endangered

Species Act

(ESA)

43 107-108

Engineering

and Design

Services

44 75-80

Equipment 4 2 5 13.3

13.33

206.226(f)

206.228(a)(1)

OMB Circulars A21, A-87, A-110,

and A-122

9525.8 Damage to

Applicant Owned

Equipment (8/17/99)

9525.12 Disposition of Equipment, Supplies and

Salvaged Materials

(8/29/00)

37

57

Equipment

Rates

4 ) 6 2 o 06.228(a S . ee als www fema.gov/r-n-r/pa37-38

Erosion 47

Facilities

Under

Construction

4 ) 8 4 2 06(e)(4 2

Federal-Aid

Roads

4 ) 9 102(8

312

206.221(h)

206.226(a)

Guide to the

Federal-Aid

Highway

Emergency Relief

Program, FHWA

95-021

19-20

53-54

FEMA-State

Agreement

50

Fire

Management

Assistance

5 0 1 42
134

Topic References

Topic Policy

Digest

Stafford

Act

44 CFR Other

Regulations

Policy

and Other

PA

Guide

Flood Control

Works

5 2 2 3 4 1 206.22

206.225

206.226(a)

9524.3 Policy for

Rehabilitation

Assistance for Levees

and Other Flood

Control Works

(8/17/99)

18-19

Flood

Insurance

5 1 3 31

312

406

2 1 06.250-253 9530. Retroactive

Application of LOMA

or LOMR to

Infrastructure Grants

(8/8/00)

96-98

Floodplain

Management

5 ) 4 4 9 06(e P r art Executive Orde

11988

92-94

110

Fringe

Benefits

5 ) 5 406(a

(2)(C)

OMB Circulars

A-21, A-87, and

A-122

37

Geotechnical

Study

5 2 6 9524. Landslide

Policy Relating to

Public Facilities

(8/17/99)

54-55

Grant Closure 5 ) 7 1 r 3.50(a OMB Circula

A-110

87

Grant

Management

PW

5 3 8 Part 1

206.228(a)(3)

OMB Circular

A-87

44

Grantee 5 ) 9 206.201(e

206.202(b)

Hazard

Mitigation,

Section 404

6 4 0 4 k 0 HMGP Des

Reference, FEMA 345

98-99

Hazard

Mitigation, Section 406

6 ) 1 4 ) 06(e 206.201(f

206.226(c)

9526.1 Hazard

Mitigation Funding

Under Section 406

(Stafford Act) (8/13/98)

98-101

Homeless

Shelters

6 ) 2 2 4 06.221(e)(6 1

Homeowners'

Associations

6 4 3 5

Immediate

Needs

Funding (INF)

6 7 4 9570. Immediate

Needs Funding

Standard Operating

Procedure (9/99)

Immediate

Threat

6 3 5 4 ) 0 2 1 06.221(c 50-5

Improved

Projects

6 ) 6 2 5 06.203(d)(1 8

Improved

Property

6 ) 7 206.201(c

206.221(d)

45

49

Inactive

Facilities

6 ) 8 2 1 06.226(i) (2 20-2
135

Topic References

Topic Policy

Digest

Stafford

Act

44 CFR Other

Regulations

Policy

and Other

PA

Guide

Incident

Period

6 4 9 23-2

Indian Tribal

Governments

7 ) 0 1 3 02(6 Part 1

206.202(f)

206.222(c)

9521.4 Administering

American Indian and

Alaska Native Tribal

Government Funding

(12/28/99)

9

Insurance 7 1 1 31

312

406

2 3 06.250-253 9525. Duplication of

Benefits NonGovernment Funds (10/30/00)

94-98

Irrigation

Facilities

7 ) 2 102(9

302

14

55

Labor Costs 7 6 3 4 ) 0 206.221(b

206.228(a)(4)

9525.7 Labor CostsEmergency Work

(7/20/00)

35-37

Landslides 7 2 4 9524. Landslide

Policy Relating to

Public Facilities (8/17/99)

54-55

Large Projects 7 ) 5 206.203(c)(1

206.205(b)

68

82-83

Legal

Responsibility

7 3 6 2 7 06.22 16-1

25

Libraries 7 2 7 1 ) 0 2 4 06.226(g 1

Materials 7 B 8 OM

Circulars A21, A-87, and

A-122

9525.12 Disposition of

Equipment, Supplies

and Salvaged

Materials (8/29/00)

37

Museums 7 ) 9 1 ) 02(9 2 2 06.221(e)(6 9521. Private

Nonprofit Museum Eligibility (8/17/99)

14

Mutual Aid

Agreement

8 6 0 9523. Mutual Aid

Agreements for Public Assistance (8/17/99)

25

National

Environmental

Policy Act

(NEPA)

8 6 1 3 0 1 P s art 1 40 CFR Part

1500-1508

9560.1 Environmental

Policy Memoranda (8/17/99)

102-104

National

Historic

Preservation

Act (NHPA)

8 0 2 36 CFR 80

Section 106 of the NHPA

9560.3 Model

Programmatic Agreement-Historic

Review (8/17/99)

108-109

Negligence 8 ) 3 2 6 06.223(e 2

Notice of

Interest (NOI)

8 ) 4 206.202(c

Other Federal

Agencies

8 ) 5 102(8

312

2 7 06.226(a) 9523. Public Housing

Authorities (3/19/01)

17-20
136

Topic References

Topic Policy

Digest

Stafford

Act

44 CFR Other

Regulations

Policy

and Other

PA

Guide

Parks and

Recreational

Areas

8 ) 6 1 ) 02(8 206.221(e

206.221(h)

15

58-60

Payment of

Claims

8 1 7 13.2

206.205

82-83

Permanent

Work

8 6 8 4 ) 0 206.201(g

206.226

44

53-60

Pre-Disaster

Design

8 ) 9 4 ) 06(e 206.201(h

206.226(i) (1)

and (2)

Preliminary

Damage

Assessment

(PDA)

9 3 0 2 2 06.3

Private

Nonprofit

(PNP)

Applicant

9 ) 1 4 ) 06(a)(2 206.221(f

206.222(b)

10-15

Private

Nonprofit

(PNP) Facility

9 ) 2 1 ) 02(9 206.221(e

206.223(b)

9521.3 Private

Nonprofit Facility

(PNP) Eligibility

(4/25/00)

10-16

32-33

Private

Nonprofit

(PNP) Facility

- Critical

Services

9 ) 3 4 ) 06(a)(3 206.221(e

206.223(b)

Private

Property

9 ) 4 4 8 07(b 206.20

206.222

206.224

46

Programmatic

Closure

9 7 5 8

Project 9 ) 6 2 3 06.201(i 6

69-71

Project

Approval

9 ) 7 206.201(j

206.202

Project

Worksheet

(PW)

9 e 8 Public Assistanc

Applicant

Handbook, FEMA

323, 17-33

69-80

Public

Assistance

Coordinator

(PAC)

9 5 9 4-

66-67
137

Topic References

Topic Policy

Digest

Stafford

Act

44 CFR Other

Regulations

Policy

and Other

PA

Guide

Public

Assistance

Officer (PAO)

1 4 00

Reasonable

Cost

1 s 01 OMB Circular

A-21, A-87,

Attach. A.C.2,

and A-122

33-35

Reassigned

Employee

1 5 02 3

Rehabilitation

Facility

1 ) 03 2 2 06.221(e)(6 1

Relocation,

Permanent

1 ) 04 2 2 06.226(e 31-3

Relocation,

Temporary

1 3 05 4 3 0 9523. Provision of

Temporary Relocation

Facilities (7/16/98)

9525.4 Medical Care

and Evacuations

(8/17/99)

31

Repair or

Replacement

1 ) 06 4 ) 06(a 2 4 06.226(d)(1 9524. Eligibility of

Facilities for

Replacement under 44

CFR 206.226(d)(1)

(The 50% Rule)

(9/24/98)

28-31

Request for

Public

Assistance

(Request)

107 64-66

Roads 1 ) 08 1 ) 02(8)(B 206.221(h

206.226(a)

206.226(b)

53-55

Scope of Work 1 ) 09 2 3 06.202(d 71-7

Seismic Safety 1 3 10 3 e 2 Executiv

Order 12699

9527.1 Seismic Safety

- New Construction

(1/13/00)

110

Sequence of

Events

111 App. A

Shelter

Workshops

1 ) 12 2 4 06.221(e)(6 1

Small

Business

Administration

(SBA)

1 ) 13 4 ) 06(a)(3 206.221(e
138

Topic References

Topic Policy

Digest

Stafford

Act

44 CFR Other

Regs

Policy

and Other

PA

Guide

Small Projects 1 2 14 4 ) 2 206.203(c)(2

206.205(a)

68, 80,

82-83,

116

Snow Removal

Assistance

1 7 15 2 1 06.22 9523. Snow Assistance

Policy (12/28/99)

52-53

Special

Considerations

116 89-111

Stafford Act 1 7 17 1,

App. B

State

Administrative

Plan

1 1 18 13.1

206.207

State

Management

of Small

Disasters

119

State Role 1 ) 20 206.202(b

Subgrantee 1 3 21 13.

13.37

206.201(l)

Tax

Assessments

1 3 22 40

406

2 1 06.223 9525. Post-Disaster

Property Tax Assessment

(11/30/98)

Technical

Assistance

Contractors

(TAC)

123

Temporary

Employee

1 ) 24 4 5 06(e)(5 3

Time Limits 1 2 25 206.20

206.204

206.206

60, 66

86

114-115

Trees, Shrubs,

and Other

Ground Cover

1 5 26 9524. Trees, Shrubs and

Other Plantings Associated

with Facilities (9/24/98)

60

Unstable Soil 1 ) 27 406(c

Utilities 1 ) 28 206.221(h

206.226

57-58

Validation 129 80-82

Water Control

Facilities

1 ) 30 1 ) 02(8)(a 2 3 06.221(h 9524. Policy for

Rehabilitation Assistance for

Levees and Other Flood

Control Works (8/17/99)

55-56
139

44 CFR ........................................................................1

50% Rule (see Repair or Replacement)

Administrative Allowance, Grantee ...............................2

Administrative Allowance, Subgrantee ..........................3

Agricultural Land (see Improved Property)

Alternate Projects ........................................................4

Alternate Use Facility (see Eligible Facility)

Americans with Disabilities Act (ADA)...........................5

Appeals........................................................................6

Applicants’ Briefing .......................................................7

Architecture and Engineering Studies (see Engineering

and Design Services)

Art ...............................................................................8

Audits...........................................................................9

Beaches .................................................................... 10

Bridges ...................................................................... 11

Building Inspection ..................................................... 12

Buildings .................................................................... 13

Case Management File ..............................................14

Categories of Work .................................................... 15

Coastal Barrier Resources Act (CBRA) ...................... 16

Codes and Standards ................................................ 17

Community Centers ................................................... 18

Community Disaster Loans ........................................ 19

Contracts ................................................................... 20

Cost Codes ................................................................21

Index
140

Cost Estimate ............................................................ 22

Cost Estimating Format (CEF) ................................... 23

Cost Overrun ............................................................. 24

Cost Share................................................................. 25

Critical Services (see Private Nonprofit (PNP) Facility -

Critical Services)

Culverts (see Roads)

Damage Survey Report (DSR) ................................... 26

Davis-Bacon Act ........................................................ 27

Deadlines (see Time Limits)

Debris Removal ......................................................... 28

Debris Salvage........................................................... 29

Declarations ............................................................... 30

Demolition .................................................................. 31

Designated Disaster Area .......................................... 32

Direct Costs (see Eligible Costs)

Donated Equipment (see Donated Resources)

Donated Resources ................................................... 33

Duplication of Benefits ............................................... 34

Educational Facilities .................................................. 35

Eligibility ..................................................................... 36

Eligible Applicants ...................................................... 37

Eligible Costs ............................................................. 38

Eligible Facility ............................................................ 39

Eligible Work .............................................................. 40

EMAC ........................................................................ 41

Emergency Protective Measures ................................ 42

Emergency Work (see Debris Removal and Emergency

Protective Measures)

Endangered Species Act (ESA) ................................. 43

Engineering and Design Services .............................. 44

Index
141

Environmental Review (see National Environmental Policy

Act NEPA) and Endangered Species Act (ESA))

Equipment ................................................................. 45

Equipment Rates .......................................................46

Erosion ...................................................................... 47

Facility (see Eligible Facility)

Facilities under Construction ...................................... 48

Federal-Aid Roads ..................................................... 49

FEMA-State Agreement ............................................. 50

Fire Management Assistance .....................................51

Flood Control Works .................................................. 52

Flood Insurance ......................................................... 53

Floodplain Management............................................. 54

Force Account (see Labor Costs and Equipment Rates)

Fringe Benefits ........................................................... 55

Geotechnical Study .................................................... 56

Grant (see Payment of Claims)

Grant Closure ............................................................ 57

Grant Processing (see Payment of Claims)

Grant Management PW ............................................. 58

Grantee ..................................................................... 59

Grass (see Trees, Shrubs and other Ground Cover)

Hazard Mitigation, Section 404................................... 60

Hazard Mitigation, Section 406................................... 61

Historic Preservation (see National Historic Preservation

Act (NHPA))

Homeless Shelters ..................................................... 62

Homeowners’ Associations......................................... 63

Immediate Needs Funding (INF) ................................ 64

Immediate Threat .......................................................65

Improved Projects ...................................................... 66

Improved Property ..................................................... 67

Index
142

Inactive Facilities ........................................................ 68

Incident Period ........................................................... 69

Indian Tribal Governments .......................................... 70

Insurance ................................................................... 71

Irrigation Facilities ...................................................... 72

Labor Costs ............................................................... 73

Landslides ................................................................. 74

Large Projects ............................................................ 75

Legal Responsibility ................................................... 76

Levees (see Flood Control Works)

Libraries ..................................................................... 77

Materials .................................................................... 78

Mitigation (see Hazard Mitigation, Section 406)

Museums .................................................................. 79

Mutual Aid Agreement................................................ 80

National Environmental Policy Act (NEPA) .................. 81

National Historic Preservation Act (NHPA).................. 82

Negligence ................................................................. 83

Notice of Interest (NOI) ..............................................84

Other Federal Agencies ............................................. 85

Overtime (see Labor Costs)

Parks and Recreational Areas .................................... 86

Payment of Claims ..................................................... 87

Permanent Work ........................................................ 88

Pre-Disaster Capacity (see Permanent Work)

Pre-Disaster Design ................................................... 89

Preliminary Damage Assessment (PDA) .................... 90

Private Nonprofit (PNP) Applicant .............................. 91

Private Nonprofit (PNP) Facility .................................. 92

Private Nonprofit (PNP) Facility – Critical Services ..... 93

Private Property ......................................................... 94

Index
143

Index

Programmatic Agreement (see National Historic

Preservation Act (NHPA))

Programmatic Closure ............................................... 95

Project ....................................................................... 96

Project Approval ......................................................... 97

Project Worksheet (PW)............................................. 98

Public Assistance Coordinator (PAC) .......................... 99

Public Assistance Officer (PAO)................................ 100

Reasonable Cost ..................................................... 101

Reassigned Employee ............................................. 102

Rehabilitation Facility ................................................ 103

Relocation, Permanent ............................................. 104

Relocation, Temporary ............................................. 105

Repair or Replacement ............................................ 106

Request for Public Assistance (Request).................. 107

Roads ...................................................................... 108

Salvage (see Debris Salvage and Equipment)

Sanitation Systems (see Utilities)

Schools (see Educational Facilities)

Scope of Work ......................................................... 109

Seismic Safety ......................................................... 110

Senior Citizen Centers (see Eligible Applicants and

Private Nonprofit (PNP) Facility)

Sequence of Events ................................................. 111

Shelter Workshops ................................................... 112

Small Business Administration (SBA) ....................... 113

Small Projects .......................................................... 114

Snow Removal Assistance ....................................... 115

Special Considerations............................................. 116

Stafford Act .............................................................. 117

State Administrative Plan ......................................... 118

State Management of Small Disasters ..................... 119
144

State Role ................................................................ 120

Stream Clearance (see Debris Removal)

Subgrantee .............................................................. 121

Tax Assessments ..................................................... 122

Technical Assistance Contractors (TAC) ................... 123

Temporary Employee ............................................... 124

Time Extension (see Time Limits)

Time Limits .............................................................. 125

Trees, Shrubs, and Other Ground Cover .................. 126

Unit Prices (see Cost Codes)

Unstable Soil ............................................................ 127

Utilities ..................................................................... 128

Validation ................................................................. 129

Volunteer Labor (see Donated Resources)

Water Control Facilities............................................. 130

Zoo (see Eligible Applicants and Private Nonprofit (PNP)

Facility)

Index