Public Assistance 

Policy Digest 

FEMA 321 / January 2008 
Introduction 

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. The Public Assistance Policy Digest is intended to be an easy-toread, 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/government/grant/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: 

James A. Walke 

Director 

Public Assistance Division, 4th Floor 

Federal Emergency Management Agency 

500 C Street, SW 

Washington, D.C. 20472 

Carlos J. Castillo 

Assistant Administrator 

Disaster Assistance Directorate 

Federal Emergency Management Agency 
Acronyms 

ADA Americans with Disabilities Act 

CBRA Coastal Barrier Resources Act 

CBRS Coastal Barrier Resources System 

CEF Cost Estimating Format 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

DRM Disaster Recovery Manager 

EMAC Emergency Management Assistance Compact 

ER Emergency Relief Program 

ESA Endangered Species Act 

FCO Federal Coordinating Officer 

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 

ICS Incident Command System 

INF Immediate Needs Funding 

JFO Joint Field Office 

NEPA National Environmental Policy Act 

NFIP National Flood Insurance Program 

NHPA National Historic Preservation Act 

OMB Office of Management and Budget 

PA Public Assistance 

PDA Preliminary Damage Assessment 

PNP Private Nonprofit 

PW Project Worksheet 

RA Regional Administrator (FEMA) 

RPA Request for Public Assistance 

SBA Small Business Administration 

SCO State Coordinating Officer 
 

 

SFHA Special Flood Hazard Area 

SHPO State Historic Preservation Officer 

SMD State Management of Disasters 

SSRA Small State and Rural Advocate 

TAC Technical Assistance Contractor 

THPO Tribal Historic Preservation Officer 

USACE U.S. Army Corps of Engineers
 

USFWS U.S. Fish and Wildlife Service
 

Incident Command System (ICS) Titles for
 

Public Assistance Positions (PA)*
 

Former Title New Title 

Infrastructure Branch Chief PA Infrastructure Branch 

Director/Deputy 

Public Assistance Officer (PAO) PA Group Supervisor 

Deputy Public Assistance Officer 

(DPAO)** 

PA Task Force Leader 

Public Assistance Coordinator (PAC) PAC Crew Leader 

Project Officer (PO) PA Project Specialist 

Specialist*** PA Technical Specialist  

Debris Monitor PA Debris Monitoring Specialist 

Administrative Assistant PA Administrative Specialist 

Data Processing Coordinator PA Data Processing Manager 

Data Processing Technician PA Data Processing Specialist 

Resource Coordinator PA Ordering Specialist 

Instructor PA Training Specialist 

New Position** *** PA Planning Specialist 

* PA Crew/Squad Leaders may be assigned as needed to optimize span of control. 

** With or without Debris Specialty 

*** The Liaison positions no longer reside within PA. Those individuals who are liaisons will 

be labeled “unassigned” in the crosswalk unless determined otherwise. 

  Technical Specialties include: Debris, Hazard Mitigation, Insurance, Preliminary Damage 

Assessment, Estimating, Environmental/Historical, Private Nonprofit, Quality Assurance) 

** *** Position added to ensure the planning function is addressed until further ICS 

implementation has been achieved. 
Table of Contents 

Introduction
 

Acronyms.......................................................................................................... i
 

Contents 

Administrative Allowance, Grantee: Declarations before 


.........................................................................................................iii
 

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

November 13, 2007......................................................................................... 2
 

Administrative Allowance, Grantee: Declarations on or after 


November 13, 2007......................................................................................... 3
 

Administrative Allowance, Subgrantee: Declarations before 


November 13, 2007......................................................................................... 4
 

Alternate Projects............................................................................................ 5
 

Americans with Disabilities Act (ADA).......................................................... 6
 

Animal Control ............................................................................................... 7
 

Appeals ............................................................................................................ 8
 

Applicants’ Briefing ........................................................................................ 9
 

Art .................................................................................................................. 10
 

Audits............................................................................................................. 11
 

Beaches.......................................................................................................... 12
 

Bridges........................................................................................................... 13
 

Building Inspection ...................................................................................... 14
 

Buildings........................................................................................................ 15
 

Case Management File.................................................................................. 16
 

Categories of Work........................................................................................ 17
 

Coastal Barrier Resources Act (CBRA)........................................................ 18
 

Codes and Standards .................................................................................... 19
 

Community Arts Centers .............................................................................. 20
 

Community Centers...................................................................................... 21
 
Community Disaster Loans .......................................................................... 22
 

Contracts and Procurements........................................................................ 23
 

Cost Codes..................................................................................................... 24
 

Cost Estimate................................................................................................. 25
 

Cost Estimating Format (CEF)..................................................................... 26
 

Cost Overrun................................................................................................. 27
 

Cost Share...................................................................................................... 28
 

Damage Description and Scope of Work .................................................... 29
 

Davis-Bacon Act............................................................................................. 30
 

Debris Removal ............................................................................................. 31
 

Debris Salvage ............................................................................................... 32
 

Declarations................................................................................................... 33
 

Demolition .................................................................................................... 34
 

Designated Disaster Area.............................................................................. 35
 

Direct Federal Assistance.............................................................................. 36
 

Donated Resources ....................................................................................... 37
 

Duplication of Benefits................................................................................. 38
 

Educational Facilities.................................................................................... 39
 

Eligibility........................................................................................................ 40
 

Eligible Applicants ........................................................................................ 41
 

Eligible Costs................................................................................................. 42
 

Eligible Facility .............................................................................................. 43
 

Eligible Work................................................................................................. 44
 

Emergency Management Assistance Compact (EMAC) ............................ 45
 

Emergency Protective Measures .................................................................. 46
 

Endangered Species Act (ESA).................................................................... 47
 
Engineering and Design Services ................................................................ 48
 

Equipment..................................................................................................... 49
 

Equipment Rates........................................................................................... 50
 

Erosion........................................................................................................... 51
 

Expedited Payments ..................................................................................... 52
 

Facilities Under Construction...................................................................... 53
 

Federal-Aid Roads......................................................................................... 54
 

FEMA-State Agreement ................................................................................ 55
 

Fire Management Assistance........................................................................ 56
 

Flood Control Works .................................................................................... 57
 

Flood Insurance ............................................................................................ 58
 

Floodplain Management .............................................................................. 59
 

Fringe Benefits .............................................................................................. 60
 

Geotechnical Study ....................................................................................... 61
 

Grant Closure................................................................................................ 62
 

Grant Management PW................................................................................ 63
 

Grantee.......................................................................................................... 64
 

Hazard Mitigation, Section 404 ................................................................... 65
 

Hazard Mitigation, Section 406 ................................................................... 66
 

Homeless Shelters......................................................................................... 67
 

Homeowners’ Associations........................................................................... 68
 

Immediate Needs Funding (INF)................................................................ 69
 

Immediate Threat......................................................................................... 70
 

Improved Projects......................................................................................... 71
 

Improved Property........................................................................................ 72
 

Inactive Facilities........................................................................................... 73
 
Incident Period ............................................................................................. 74
 

Indian Tribal Governments.......................................................................... 75
 

Insurance....................................................................................................... 76
 

Irrigation Facilities........................................................................................ 77
 

Kickoff Meeting............................................................................................. 78
 

Labor Costs.................................................................................................... 79
 

Landslides...................................................................................................... 80
 

Large Projects................................................................................................ 81
 

Legal Responsibility ...................................................................................... 82
 

Libraries......................................................................................................... 83
 

Materials ........................................................................................................ 84
 

Mold............................................................................................................... 85
 

Museums........................................................................................................ 86
 

Mutual Aid Agreement................................................................................. 87
 

National Environmental Policy Act (NEPA) ............................................... 88
 

National Historic Preservation Act (NHPA) ............................................... 89
 

Negligence..................................................................................................... 90
 

Other Federal Agencies................................................................................ 91
 

Parks, Recreational Areas, and Other Facilities.......................................... 92
 

Payment of Claims ........................................................................................ 93
 

Performing Arts Facilities............................................................................. 94
 

Permanent Work........................................................................................... 95
 

Pets................................................................................................................. 96
 

Pre-Disaster Design, Function, and Capacity .............................................. 97
 

Preliminary Damage Assessment (PDA) ..................................................... 98
 

Private Nonprofit (PNP) Applicant ............................................................. 99
 
Private Nonprofit (PNP) Facility................................................................ 100
 

Private Nonprofit (PNP) Facility – Critical Services ................................. 101
 

Private Property........................................................................................... 102
 

Project.......................................................................................................... 103
 

Project Approval ......................................................................................... 104
 

Project Worksheet (PW)............................................................................. 105
 

Public Assistance Coordination (PAC) Crew Leader................................ 106
 

Public Assistance Group Supervisor .......................................................... 107
 

Reasonable Cost.......................................................................................... 108
 

Reassigned Employee ................................................................................. 109
 

Rehabilitation Facility................................................................................. 110
 

Relocation, Permanent............................................................................... 111
 

Relocation, Temporary ............................................................................... 112
 

Repair or Replacement............................................................................... 113
 

Request for Public Assistance (RPA) ......................................................... 114
 

Roads ........................................................................................................... 115
 

Seismic Safety .............................................................................................. 116
 

Sequence of Events ..................................................................................... 117
 

Shelter Workshops ...................................................................................... 118
 

Small Business Administration (SBA) ....................................................... 119
 

Small State and Rural Advocate (SSRA).................................................... 120
 

Small Projects.............................................................................................. 121
 

Snow Removal Assistance ........................................................................... 122
 

Special Considerations ............................................................................... 123
 

Stafford Act.................................................................................................. 124
 

State Administrative Plan ........................................................................... 125
 
State Management of Disasters .................................................................. 126
 

State Role..................................................................................................... 127
 

Stumps ......................................................................................................... 128
 

Subgrantee .................................................................................................. 129
 

Tax Assessments .......................................................................................... 130
 

Technical Assistance Contractors (TAC)................................................... 131
 

Temporary Employees ................................................................................ 132
 

Time Limits ................................................................................................. 133
 

Trees, Shrubs, and Other Ground Cover .................................................. 134
 

Utilities ........................................................................................................ 135
 

Validation .................................................................................................... 136
 

Vector Control............................................................................................. 137
 

Water Control Facilities .............................................................................. 138
 

Topic References......................................................................................... 139
 

Index............................................................................................................ 149
 
 

 

 

 

 

 

 

 

44 CFR 

Title 44 of the Code of Federal Regulations (44 CFR) – 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 (Administration of 

Grants: Audits of State and Local Governments) of 44 CFR are also applicable 

to projects funded under the PA Program. 

References: Public Assistance Guide, FEMA 322, pages 7-8 and Appendices B and C 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Allowance, Grantee: 

Declarations before November 3, 007 

The 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 only overtime, per 

diem, and travel (including local travel) expenses for State employees who participate 

in the administration of public assistance grants. Examples of administrative activities 

covered by the allowance include: 

 Conducting Applicants’ Briefings 

 Field inspections 

 Preparation of damage assessments and cost estimates 

 Working with Applicants 

 Project monitoring, final inspections, processing of appeals and audits 

It does not cover regular time labor costs, equipment purchases, contractor 

assistance, or other costs directly associated with grants administration. 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: 

Federal Share of Eligible Costs Allowance 

First $100,000 3 percent 

Next $900,000 2 percent of that $900,000 

Next $4,000,000 1 percent of that $4,000,000 

Funds in excess of $5,000,000 1⁄2 percent of the excess 

The State does not need to submit any documentation to receive its administrative 

allowance, but records need to be kept on how the funds were spent (see Audits). 

The funds are automatically calculated by FEMA’s computer system when project 

applications are processed and forwarded to the State. 

For disasters declared before November 13, 2007, the State may also be eligible 

for additional grant management costs (see Grant Management PW). 

References: 44 CFR §207.9(b)(1) 

Payment of Contractors for Grant Management Tasks, FEMA Policy 9525.11, 

dated April 22, 2001 

Public Assistance Guide, FEMA 322, pages 64-65 

 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Allowance, Grantee: 

Declarations on or after November 3, 007 

The Stafford Act stipulates that grantees may request management costs 

for the purpose of the grantee’s and subgrantee’s administration of disaster 

assistance at the State and local level. The maximum amount of funding 

for grant management that may be requested is a set percentage of the 

Federal share of assistance granted in a disaster or emergency. The initial 

management cost rate is set at 3.34 percent for disasters declared on or after 

November 13, 2007. The rate for emergencies is set a 3.90 percent. This rate 

will cover management costs of both grantees and subgrantees, with the 

grantee to determine the portion distributed to subgrantees. This rate will 

be reviewed not later than November 13, 2010 and periodically thereafter. 

The allowance includes funding for indirect costs, any administrative 

expenses and other expenses that are reasonably incurred and are not directly 

chargeable to a specific project. The State will not receive any separate 

funding for State Management Administrative Costs (known as the State 

Management Project Worksheet) and reimbursement for State indirect costs 

for disasters on or after November 13, 2007. 

For disasters declared before November 13, 2007, the allowance described 

on the previous page will continue to apply. For expenditures beyond 8 

years from a disaster declaration date or beyond 2 years from an emergency 

declaration date, special restrictions may apply. See 44 CFR §207.9. 

Records must be kept on how the funds were spent. 

References: Section 324 of the Stafford Act 

44 CFR Part 207 

Public Assistance Policy Digest 3 
 

 

 

 

 

 

 

 

 

 

 

Administrative Allowance, Subgrantee: 

Declarations before November 3, 007 

For disasters declared on or after November 13, 2007, see Administrative 

Allowance, Grantee: Declarations on or after November 13, 2007. 

For disasters declared before November 13, 2007, the following provisions 

apply. The 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: 

 Identifying damage 

 Attending the Applicants’ Briefing 

 Completing forms necessary to request assistance 

 Establishing files and providing copies and documentation 

 Assessing damage, collecting cost data and developing cost estimates 

 Working with the State during project monitoring, final inspection, 

and audits 

 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. 

Total Eligible Costs Allowance 

First $100,000 3 percent 

Next $900,000 2 percent of that $900,000 

Next $4,000,000 1 percent of that $4,000,000 

Funds in excess of $5,000,000 1⁄2 percent of the excess 

The subgrantee is not required to submit documentation for its administrative 

allowance, but records need to be kept on how the funds were spent (see 

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

when project applications are processed and forwarded to the State. 

References: 44 CFR Part 207.9(b)(2) 

Public Assistance Guide, FEMA 322, pages 62-64 

4 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Alternate Projects 

Occasionally an applicant may determine that the public welfare would not 

be best served by restoring a damaged facility or its function using FEMA funds. 

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. Alternate projects include: 

 Repair or expansion of other public facilities 

 Construction of new public facilities 

 Demolition of the original structure 

 Purchase of capital equipment 

 Funding of cost-effective hazard mitigation measures in the area 

affected by the disaster 

 Funding project shortfalls due to mandatory NFIP reductions on 


applicant buildings in floodplains
 

 Supplemental funds used on an improved project 

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 for governmental entities are eligible for 90 percent of the 

approved Federal share of the estimated eligible costs associated with repairing 

the damaged facility to its pre-disaster design, or of the approved Federal share 

of the actual costs of completing the alternate project, whichever is less. Alternate 

projects for PNP entities are eligible for 75 percent of the approved Federal 

share, or of the approved Federal share of the actual costs of completing the 

alternate project, whichever is less. 

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. Section 406 Hazard Mitigation funds cannot be applied to an 

alternate project (see Hazard Mitigation, Section 406). FEMA must ensure 

that the proposed projects are an appropriate use of funds and comply with 

environmental and historic preservation laws. 

References: Section 406 (c) of the Stafford Act 

44 CFR §206.203(d)(2) 

Public Assistance Guide, FEMA 322, pages 79, 111-112, 134 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Americans with Disabilities Act (ADA) 

The 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 be 

accessible to and useable by disabled persons. 

When FEMA provides assistance to replace a damaged 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 cost of ADA 

compliance requirements to the damaged elements of the facility. In addition, 

FEMA may fund ADA compliance requirements for 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 compliance requirements 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, 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. 

References: 44 CFR §206.226(d) 

36 CFR Part 1190 

28 CFR Part 35 

American with Disabilities Act (ADA) Access Requirements, FEMA Policy 

9525.5, dated October 26, 2000 

Public Assistance Guide, FEMA 322, pages 35-36 

 Public Assistance Policy Digest 
 

 

 

 

Animal Control 

A private Nonprofit (PNP) Animal Control facility may be eligible for 

FEMA assistance when it provides health and safety services of a governmental 

nature. There are three areas of potential assistance: 

 Permanent Repair of the facility to the extent that the repairs are 

directly related to the control of animals posing an immediate threat 

to the public health and safety, or to the care of pets of disaster 

shelterees (see Pets) 

 Emergency protective measure to prevent damage to the facility to 

the extent that the facility is otherwise eligible for assistance 

 Emergency protective measures to locate, pick up, shelter, and care 

for animals that are pets of shelterees, or pose a threat to the public 

health and safety (i.e., dangerous animals), if the service is done 

under contract with the State or local government or is done by the 

governmental entity itself. Essential needs (e.g., inoculations), costs 

of veterinary staff for emergency treatment, and supplies and space 

in excess of normal requirements may be eligible as emergency 

protective measures for the animals arriving at the facility. 

Publicly owned animal control facilities are generally eligible for 

assistance. 

References: Private Nonprofit (PNP) Facility Eligibility, FEMA Policy 9521.3, dated July 18, 

2007 

Eligible Costs Related to Pet Evacuations and Sheltering, FEMA Policy 

9523.19, dated October 24, 2007 

Public Assistance Guide, FEMA 322, pages 12, 19, 72 

Public Assistance Policy Digest 7 
 

 

 

 

 

 

 

Appeals 

The 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 FEMA Regional 

Administrator. The second level appeal is to the Assistant Administrator at 

FEMA Headquarters. 

Typical appeals involve the following: 

 An entity is not an eligible applicant 

 A facility, an item of work, an item of cost, or a project is not eligible 

for disaster assistance 

 Approved costs are less than the applicant believes are necessary to 

complete the work 

 A requested time extension was not granted 

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

 The applicant disagrees with the approved Scope of Work on the 

Project Worksheet 

 The applicant incurs a significant net small project overrun (see 

Small Projects) 

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

receipt of notice of the action or decision being appealed. However, an 

appeal for a significant net small project overrun must be filed within 60 

days of completion of the applicant’s last small project. 

References: Section 423 of the Stafford Act 

44 CFR §206.206 

Public Assistance Guide, FEMA 322, pages 109, 112-114 

 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

Applicants’ Briefing 

An 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: 

 Eligibility 

 Floodplain management 

 Insurance requirements 

 Environmental and historic preservation considerations 

 Federal procurement standards 

 Mitigation 

Representatives of potentially eligible Private Nonprofit organizations 

should attend the briefing. 

To obtain the maximum benefit from the information presented at the 

briefing, each applicant should send delegates representing management, 

public works, and accounting/finance. 

Reference: Public Assistance Guide, FEMA 322, pages 64, 91-92 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

Art 

Art 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 organization, 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 in which it can function in the same capacity as it did prior to the 

disaster. FEMA’s Preservation Officer, in consultation with the applicant and 

the State, will use professional judgment 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, if a sculpture in a public museum falls from a shelf during an 

earthquake, breaking into many pieces, FEMA will not replace the sculpture 

but will pay to stabilize the sculpture for display purposes. 

References: Collections and Individual Objects, FEMA Policy 9524.6, dated August 17, 

1999 

Public Assistance Guide, FEMA 322, page 84 

0 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

Audits 

Public Assistance Program grant recipients are required to comply with the 

provisions set forth under the Single Audit Act of 1984, as amended in 1996. 

The act requires grant recipients expending $500,000 or more in Federal 

funds in a fiscal year ending after December 31, 2003 to perform a single 

audit or program-specific audit in accordance with Office of Management 

and Budget (OMB) Circular A-133, Audits for States, Local Governments, 

and Nonprofit Organizations. 

Even though a single audit must be performed, grant recipients also are 

subject to additional audits by the DHS Office of Inspector General and 

State auditors. Specific documentation and procedures are based on the 

requirements of the Federal OMB. The OMB requires grant recipients to 

maintain financial and program records for 3 years beyond the date of the 

final status report, or as required by the grantee’s standard record retention 

policy if that policy requires retention beyond the 3-year requirement. 

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 the DHS Office of the Inspector General. 

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 141-142 

Public Assistance Policy Digest  
 

 

 

Beaches 

Emergency placement of sand on natural or engineered Beaches may be 

eligible when necessary to protect improved property from an immediate 

threat. An eligible berm may be built to a profile to protect against a storm 

that has a 20 percent chance of occurring in a given year, or to the berm’s 

pre-storm profile, whichever is less. 

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: 

 The beach was constructed by the placement of sand to a designed 

elevation, width, grain size, and slope 

 The beach has been maintained in accordance with a maintenance 

program involving the periodic re-nourishment of sand 

 Typically, FEMA requests the following from an applicant before 

approving assistance for permanent restoration of a beach: 

 Design documents and specifications, including analysis of grain size 

 “As-built” plans 

 Documentation of regular maintenance or nourishment of the 

beach 

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

Restoration of sand on natural beaches beyond that necessary to provide 

emergency protection is not eligible. 

References: 44 CFR §206.226(j)
 

Public Assistance Guide, FEMA 322, pages 74, 86-87
 

 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bridges 

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 disasterrelated 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). 

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 implemented 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). 

References: Section 102(9) of the Stafford Act 

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

Public Assistance Guide, FEMA 322, pages 25, 79-82 

Public Assistance Policy Digest 3 
 

 

 

 

 

 

 

 

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: 

 To determine if the building was substantially damaged beyond 

repair under the National Flood Insurance Program 

 To determine if the building should be elevated or relocated 

 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 76 

4 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Buildings 

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). In a 

flood disaster, 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 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. The increase in space or 

other upgrades cannot be based only on design practices for an industry or 

profession; it must be mandated by a written code or statute of a Federal, 

State or local agency (see also Categories of Work). 

References: Section 102(9) and (10) of the Stafford Act 

44 CFR §206.221(e) and (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 November 21, 

2007 

Public Assistance Guide, FEMA 322, pages 66, 83-85 

Public Assistance Policy Digest  
 

 

 

 

 

Case Management File 

FEMA 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 Coordination (PAC) Crew Leader to an applicant. 

All Federal and State personnel working with the applicant can view the 

Case Management File. 

Reference: Public Assistance Guide, FEMA 322, page 94 

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Categories of Work 

To facilitate the processing of Public Assistance Program grants, FEMA has 

divided disaster-related work into two broad Categories of Work, Emergency 

Work and Permanent Work. These categories are further divided into the 

seven categories shown below and described in more detail elsewhere in this 

digest under the appropriate subject. 

Emergency Work 

Category A: Debris Removal 

Clearance of trees and woody debris; certain building wreckage; damaged/ 

destroyed building contents; 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 eliminate/reduce 

an immediate threat to life, public health, or safety, or to eliminate/reduce an 

immediate threat of significant damage to improved public and private property 

through cost-effective measures (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 drainage channels, pumping facilities, and some irrigation 

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 facilities; sewage collection and treatment facilities; and 

communications (see also Utilities). 

Category G: Parks, Recreational Facilities, and Other Facilities 

Repair and restoration of parks, playgrounds, pools, cemeteries, mass 

transit facilities, 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 66-87 

Public Assistance Policy Digest 7 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Coastal Barrier Resources Act (CBRA) 

The Coastal Barrier Resources Act (CBRA) and the subsequent Coastal 

Barrier Improvement Act restrict 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. The protected areas are identified on National Flood Insurance Rate 

Maps as Coastal Barrier Resources System (CBRS) units. They include defined 

areas along the Atlantic, Gulf of Mexico, and Great Lakes coasts, and Puerto Rico, 

Florida Keys, Virgin Islands, and secondary barriers within large embayments. 

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 

strongly encouraged but is not required before approval of emergency measures. 

A report to USFWS of emergency work on CBRS units is required. 

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: 

 Essential links in a larger system 

 Restoration of existing channel improvements 

 Repair of energy facilities that are functionally dependent on a 

coastal location 

 Special purpose facilities as defined in 44 CFR §206.347(c)(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 energy 

facilities and special purpose facilities, as described in 44 CFR §206.347. 

Improved projects that expand a facility and alternate projects are rarely 

eligible in CBRS units. 

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. 

References: Section 406(e) of the Stafford Act 

44 CFR Part 206, Subpart J 

Public Assistance Guide, FEMA 322, pages 133-134 

 Public Assistance Policy Digest 
 

 

 

 

 

Codes and Standards 

When a facility must be repaired or replaced, FEMA may pay for upgrades 

that are necessary to meet specific requirements of reasonable current Codes 

and Standards. This situation typically occurs when older facilities must be 

repaired in accordance with codes and standards that were adopted after 

the original construction. 

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

the upgrade must meet the five criteria listed below: 

1. 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 code-required sprinkler system throughout a building if 

that building were being replaced; FEMA would not pay for such a 

system if the only eligible work involved repair only, unless a code or 

standard required the installation based on the amount of repair. 

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

3. Be reasonable, in writing, formally adopted, and implemented prior 

to the disaster declaration date or be a legal Federal requirement. 

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. 

5. 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. 

For additional information regarding standards, see Bridges, Americans 

with Disabilities Act (ADA) and Seismic Safety. 

References: Section 406(e) of the Stafford Act 

44 CFR §206.221(i) and §206.226(d) 

Public Assistance Guide, FEMA 322, pages 33-36, 79, 83, 125 

Public Assistance Policy Digest  
 

 

 

 

 

Community Arts Centers 

A Private Nonprofit Community Arts Center is a facility whose primary 

purpose is to offer multi-purpose arts programming and/or to provide arts 

services that have been designated, recognized, or authorized by a State or 

local government. Arts services may include, but are not limited to, art classes, 

performing arts classes, arts administration, and management of public arts 

festivals. Facilities may include, but are not limited to, performance spaces, 

rehearsal spaces, shared workspace for community artists, exhibition/gallery 

spaces, classrooms, and studios. 

Publicly owned Community Arts Centers are generally eligible for public 

assistance. 

References: Section 102(10)(B) of the Stafford Act 

Private Nonprofit (PNP) Facility Eligibility, FEMA Policy 9521.3, dated July 18, 

2007 

Public Assistance Guide, FEMA 322, pages 10, 12, 18 

0 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

Community Centers 

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 (ineligible), 25% athletic (ineligible), and 55% community oriented (eligible), 

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. 

 Political  Vocational 

 Athletic  Academic training 

 Religious  Conferences 

 Recreational 

Publicly owned Community Centers generally are eligible for public 

assistance. 

References: 44 CFR §206.221(e)(7) 

Community Center Eligibility, FEMA Policy 9521.1, dated August 11, 1998 

Private Nonprofit Facility Eligibility, FEMA Policy 9521.3, dated July 18, 2007 

Public Assistance Guide, FEMA 322, pages 10, 12, 18, 19-20 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

 

 

 

 

Community Disaster Loans 

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 in which the major disaster 

occurs, up to a maximum of $5,000,000; or 50 percent up to a maximum of 

$5,000,000 when the loss of tax and other revenue amounts to 75 percent of 

the operating budget for the fiscal year in which the major disaster occurs. 

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 recovered sufficiently to meet its operating budget after 

3 full fiscal years, repayment of all or part of the loan may be cancelled. 

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, that 

the proceeds will be used and accounted for in compliance with Community 

Disaster Loan regulations, and that the information on the application is 

accurate. 

References: Section 417 of the Stafford Act 

44 CFR Part 206, Subpart K 

 Public Assistance Policy Digest 
 

 

 

 

 

 

 

Contracts and Procurements 

Contracts and Procurements 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: 

 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 

 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 contracts) 

 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) 

 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; 

FEMA authorizes a noncompetitive proposal; or solicitation has been 

attempted and the competition is inadequate. If these conditions exist, 

FEMA may find this method acceptable. Otherwise, noncompetitive 

proposals and “piggyback” contract are generally ineligible. 

FEMA provides reimbursement for three types of Contracts: 

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

clearly defined scope and a total price 

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

determined per unit 

 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 and the work will not exceed 70 hours. Special arrangements 

may be available for power restoration. FEMA should be consulted for details. 

Applicants must carefully monitor 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. Although it is not prohibited, it is generally not advisable to make 

payments to a contractor contingent upon the applicant’s receipt of funding from 

FEMA. Cost plus a percentage of cost contracts are not eligible. 

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 93-104 

Public Assistance Guide, FEMA 322, pages 28, 42, 51-53, 104 

Public Assistance Policy Digest 3 
 

 

 

 

 

 

 

 

 

Cost Codes 

FEMA maintains a national unit price listing 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. 

REG STATE CNTY 

COST 

CODE NO. DESCRIPTION UNIT 

UNIT 

PRICE 

00 00 037 3010 Aggregate Surface Course 

(Pit Run) 

TN 7.50 

00 00 037 3011 Aggregate Surface Course 

(Pit Run) 

CY 10.00 

00 00 037 3012 Aggregate Surface Course 

(Crushed) 

TN 10.00 

00 00 037 3013 Aggregate Surface Course 

(Crushed) 

CY 13.50 

00 00 037 3020 Fill (Unclassified) CY 10.00 

00 00 037 3030 Local Borrow CY 3.00 

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 in-place costs. This means that the price includes site preparation, 

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. 

There are several sources that may be used to prepare estimates based 

on unit costs. These sources, in order of preference, include: State and local 

data from previously completed projects; commercial estimating sources; 

and FEMA cost codes. 

Reference: Public Assistance Guide, FEMA 322, pages 41, 104 

4 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cost Estimate 

When an applicant requests public assistance for disaster-related work, 

grant amounts are based on reasonable 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 “inplace” cost). 

Unit cost data developed by State or local governments may be used for 

estimating costs if appropriate. Alternatively, commercially available costestimating guides or data from local vendors and contractors may also be 

used. Another choice is to use FEMA’s list of unit costs (see Cost Codes) for 

typical disaster repairs. 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 (see Cost Estimating Format). 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 first-level supervisor. 

A method of estimating would be to tally the estimated cost of the labor, 

equipment, and materials for the project. Final payments will be based on 

documentation of payroll information, equipment logs or usage records, 

and by other records, such as invoices, receipts, or work orders prepared 

by the applicant. This method also may be used for work to be completed, 

if appropriate. 

References: 44 CFR §206.202(d)
 

Public Assistance Guide, FEMA 322, pages 96, 103-106
 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

 

 

 

Cost Estimating Format (CEF) 

FEMA uses a cost estimating methodology called the Cost Estimating 

Format (CEF) to better estimate the total cost of projects for which the base 

cost of labor, materials, and equipment meets or exceeds the large project 

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

allows FEMA to account for all possible costs associated with a large project. 

FEMA uses experienced program specialists to apply the CEF. The CEF should 

only be used on large projects for which the permanent restorative work is 

90% or less complete. 

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 may be added to the base cost determined 

in Part A. 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 addresses budgetary risks 

associated with project complexity during the design process. 

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, hidden damages, and 

differing site conditions discovered after construction starts. 

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

of the project. 

Reference: Public Assistance Guide, FEMA 322, pages 105-106 

 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cost Overrun 

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. On occasion, 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: 

 Hidden damage: additional disaster damage may become evident. 

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

may have been lower than those the applicant was actually charged. 

 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. 

 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 as soon as possible 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. If the need for additional work is discovered 

during the performance of work on the project, the State must be notified 

and must notify FEMA so that FEMA may inspect the site, if necessary. 

Small projects are handled differently. If there is a gross error or omission 

in the scope of work, the applicant should make a request for a change as 

described for large projects. Otherwise, cost overruns are not handled on 

a project-by-project basis; rather, the applicant may request supplemental 

funding for a significant 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). 

References: 44 CFR §206.204(e)
 

Public Assistance Guide, FEMA 322, pages 109, 113, 140
 

Public Assistance Policy Digest 7 
 

 

 

 

 

 

 

 

Cost Share 

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 determines 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. 

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

44 CFR §206.65 and §206.203(b) 

Public Assistance Guide, FEMA 322, pages 3, 10, 24, 51, 56, 64-65, 91, 108, 

109, 110, 111, 112 

 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

Damage Description and Scope of Work 

Projects are defined by the specific damage sustained at a facility and a 

detailed description of the proposed repair. A good Damage Description 

contains: 

 Description of the pre-disaster facility 

 Cause of damage (e.g., wind, floodwaters) 

 Dimensions and description of the damage 

The Scope of Work describes the work that is 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, samples 

are reviewed (see Validation). (See Large Projects and Small Projects.) 

References: 44 CFR §206.202(d) 

Public Assistance Guide, FEMA 322, pages 96, 97, 100, 101-102, 105, 109, 

139-140 

Public Assistance Policy Digest  
 

 

 

 

 

 

Davis-Bacon Act 

The Davis-Bacon Act requires Federal agencies to pay workers under 

contract to them the “prevailing wage” based on the local union wage scale 

defined by the U.S. Department of Labor. Generally, the provisions of the 

Davis-Bacon Act do not apply to State or local contracts for work completed 

using public assistance funds under the Stafford Act. However, the provisions 

may apply to contracts let by other Federal agencies, such as the U.S. Army 

Corps of Engineers. If a State or local government incorporates prevailing 

wage rates of the U.S. Department of Labor as part of its normal practice 

for all contracts, regardless of funding source, then those rates would be 

eligible. 

References: 44 CFR §13.36(i)5 

Public Assistance Guide, FEMA 322, page 44 

30 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 





















Debris Removal 

Debris Removal is the clearance, removal, and/or disposal of items such as trees, 

woody debris, sand, mud, silt, gravel, building components and contents, wreckage 

(including that produced during the conduct of emergency work), vehicles on public 

property, and personal property. For debris removal to be eligible, the work must 

be necessary to: 

Eliminate an immediate threat to lives, public health and safety 

Eliminate immediate threats of significant damage to improved public or 

private property when the measures are cost effective 

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

the community-at-large 

Mitigate the risk to life and property by removing substantially damaged 

structures and associated appurtenances as needed to convert property 

acquired using FEMA hazard mitigation program funds to uses compatible 

with open space, recreation, or wetlands management practices 

Examples of eligible debris removal activities include: 

Debris removal from a street or highway to allow the safe passage of 

emergency vehicles 

Debris removal from roads in private communities, including debris moved 

to the curb in the community (see Homeowners’ Associations) 

Debris removal from public property to eliminate health and safety hazards 

Examples of ineligible debris removal activities include: 

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

(unimproved) wilderness areas 

Removal of pre-disaster sediment from engineered channels 

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

immediate threat of flooding to improved property from a flood that has a 

20% chance of occurring in any one year. 

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

responsibility of the individual property owner (see eligible debris examples above). 

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 also Demolition, Debris Salvage, and Categories of Work.) 

References: Sections 403 and 407 of the Stafford Act 

44 CFR §206.224 

Stump Removal – Extraction, FEMA Policy 9523.11 dated 5/15/07 

Debris Operations – Hand-Loaded Trucks and Trailers, FEMA Policy 9523.12 dated 5/1/06 

Debris Removal from Private Property, FEMA Policy 9523.13, dated 7/18/07 

Public Assistance Debris Management Guide, FEMA 325 

Debris Operations – Clarification, FEMA Fact Sheet 9580.4 dated 1/19/01 

Debris Removal from Private Property, FEMA Fact Sheet 9580.200 dated 10/21/05 

Debris Removal Applicant Checklist, FEMA Fact Sheet 9580.201 dated 4/10/06 

Debris Removal Authorities of Federal Agencies, FEMA Fact Sheet 9580.202 dated 1/27/07 

Debris Monitoring, FEMA Fact Sheet 9580.203 dated 5/3/07 

Public Assistance Guide, FEMA 322, pages 20-21, 29, 66, 67-71 

Public Assistance Policy Digest 3 
 

 

 

 

 

 

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 woody debris, and scrap metals. Disposition of Debris Salvage must 

be at fair market value and the value must be reimbursed to FEMA 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.) 

References: Disposition of Equipment, Supplies and Salvaged Materials, FEMA Policy 

9525.12, dated August 29, 2000 

Public Assistance Guide, FEMA 322, page 50 

3 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

Declarations 

There 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 to supplement 

State and local efforts and capabilities to save lives and to protect property 

and 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 unless continued assistance is needed 

to alleviate a threat to lives, public health, and safety. 

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, any fire, flood, or explosion, 

that the President believes has caused damage of such severity and magnitude 

that it is beyond the combined capabilities of State and local governments 

and disaster relief organizations 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. 

References: Sections 102(1) and (2), Title IV, and Title V of the Stafford Act 

44 CFR §206.31-48 

Public Assistance Guide, FEMA 322, pages 2-3 

Public Assistance Policy Digest 33 
 

 

 

 

 

 

 

Demolition 

Demolition of disaster-damaged structures may be eligible for emergency 

work assistance if the work is necessary to: 

 Eliminate an immediate threat to lives, public health and safety 

 Eliminate immediate threats of significant damage to improved 

public or private property when the measures are cost effective 

 Ensure the economic recovery of the affected community to the 

benefit of the community-at-large 

 Mitigate the risk to life and property by removing substantially 

damaged structures and associated appurtenances as needed to 

convert property acquired using FEMA hazard mitigation program 

funds 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: 

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

safety hazard (except for structures in a FEMA funded buyout 

program) 

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

a FEMA funded buyout program) 

 Demolition of structures condemned as safety hazards prior to the 

disaster and the resulting debris 

 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. 

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

44 CFR §206.225 and §206.226 

Demolition of Private Structures, FEMA Policy 9523.4, dated July 18, 2007 

Public Assistance Guide, FEMA 322, page 39, 69, 73, 91, 119, 131, 133 

34 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

Designated Disaster Area 

When a declaration of a major disaster or emergency is made for a State, 

FEMA will designate those counties and independent cities 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 

who are responsible for facilities within Blue County may be eligible for public 

assistance. An entity from outside Blue County may apply for assistance for 

a facility 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. Sheltering activities may be located outside the designated 

disaster area. 

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 

FEMA Regional Administrator. 

References: 44 CFR §206.2(a)(6), §206.40, and §206.223(a)(2) 

Public Assistance Guide, FEMA 322, page 30 

Public Assistance Policy Digest 3 
 

 

 

 

 

 

Direct Federal Assistance 

When the impact of a disaster is so severe that neither the State nor local 

government can adequately respond, either by direct performance or by 

contract, the State may request that certain emergency work be performed 

directly by a Federal Agency. This is called Direct Federal Assistance. Under 

the provisions of 44 CFR §206.208, FEMA, through “Mission Assignments,” 

may use appropriate Federal agencies to perform work or to contract for it 

to be performed. 

The work to be performed must be eligible under the Stafford Act and 

Federal regulations, and is limited to: 

 Debris removal 

 Emergency protective measures 

 Emergency communications 

 Emergency public transportation 

There may be a limited period of 100% Federal funding when conditions 

warrant. Otherwise, the assistance is subject to the cost-sharing provisions 

applicable to the disaster. The State must reimburse FEMA for the appropriate 

non-Federal share of the cost of the work, including any administrative costs 

of the performing Federal agency. 

References: 44 CFR §206.208 

100% Funding for Direct Federal Assistance and Grant Assistance, FEMA Policy 

9523.9, dated June 9, 2006 

Public Assistance Guide, FEMA 322, pages 76-78 

3 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

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 

of emergency work so that the Federal share will not exceed the applicant’s 

actual out-of-pocket 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 April 9, 2007 

Public Assistance Guide, FEMA 322, page 56 

Public Assistance Policy Digest 37 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duplication of Benefits 

An applicant may not receive funding from two sources for the same item 

of work. This is called a Duplication of Benefits. If an applicant can obtain 

assistance for a project from another Federal agency, then FEMA cannot 

provide funds for that project (see Other Federal Agencies). 

Grants and cash donations received from non-Federal sources designated 

for the same purpose as public assistance funds are generally 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 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 

July 24, 2007 

Public Assistance Guide, FEMA 322, pages 41-42 

3 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

Educational Facilities 

Educational Facilities are defined in terms of primary, secondary and 

higher education schools. For primary and secondary schools, an educational 

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: 

 They admit as students persons having a high school diploma or 

equivalent 

 They are legally authorized to provide education beyond a 


secondary level
 

 They award a bachelor’s degree or two-year degree that is acceptable 

as full credit towards a bachelor’s degree 

 They are public or PNP institutions 

 They are accredited by a nationally recognized agency or association 

(as determined by the Secretary of Education) 

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, fourth, and fifth bullets above. 

Eligible components of educational facilities include buildings, housing, 

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(9) and 102(10) of the Stafford Act 

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

Public Assistance Guide, FEMA 322, pages 10, 11, 12, 13, 15-16 

Public Assistance Policy Digest 3 
 

 

 

 

 

 

 

 

 

Eligibility 

The Public Assistance Program is based on statutes, regulations and 

policies. 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 the statute. Policies are written to apply the statute 

and regulations to specific situations. These authorities 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, Eligible Work, 

Private Nonprofit (PNP) Applicant, and Private Nonprofit (PNP) Facility.) 

References: 44 CFR Part 206 Subpart H 

Public Assistance Guide, FEMA 322, pages 7-65 

40 Public Assistance Policy Digest 
 



















 

 













 

 

 

Eligible Applicants 

Four 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: 

 Department of State Parks Agency 

Transportation Water Quality Commission 

 Environmental Resources 

Agency 

2. Local Governments, including: 



Towns, Cities, Counties Special districts or regional 

Municipalities, Townships authorities organized under 

Local Public Authorities State law 

Councils of Governments Rural or unincorporated 

Regional and interstate communities represented 

government entities by the State or a political 

Agencies or instrumentalities subdivision of the State 

of local governments  School Districts 

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

certain services of a governmental nature. Qualifying PNPs are those that 

provide the following services: 

Educational 

Emergency 

Medical 

Utility 

Custodial Care 

Certain irrigation services(see 

Irrigation Facilities) 

 Other essential governmental services (museums, performing arts 

facilities, community arts centers, zoos, community centers, libraries, 

homeless shelters, rehabilitation centers, senior citizen centers, 

shelter workshops, and health and safety services of a governmental 

nature) 

4. 	 Federally recognized Indian Tribal governments and Alaska Native villages 

and 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: Sections 102(4) and 102(7) of the Stafford Act 

44 CFR §206.201(a), 206.221(f) and (g), and 206.222 

Public Assistance Guide, FEMA 322, pages 9-22 

See also “Topic References” 

Public Assistance Policy Digest	 4 
 

 

 

 

 

Eligible Costs 

Not all costs incurred by an eligible applicant are eligible for public 

assistance funding. Generally, Eligible Costs are costs that can be directly 

tied to the performance of eligible work. They must be: 

 Reasonable and necessary to accomplish the eligible work (see 

Reasonable Cost) 

 Compliant with Federal, State, and local requirements for 


competitive procurement
 

 Reduced by all applicable credits, such as anticipated insurance 

proceeds and salvage values 

The eligible cost criteria apply to all direct costs, including labor, materials, 

equipment, and contracts awarded for the performance of eligible work. 

In addition to these direct costs, an applicant will receive an administrative 

allowance (see Administrative Allowance, Subgrantee). 

References: Sections 311, 312, 403, 406, 418, 419, and Title V 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 40-65 

4 Public Assistance Policy Digest 
 

Eligible Facility 

With certain exceptions, an Eligible Facility is a building, works, system, 

or equipment (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). A group of buildings is not a facility. 

To be eligible for Public Assistance funding a facility must: 

 Be the responsibility of an eligible applicant 

 Be located in a designated disaster area (except that sheltering and 

evacuation facilities may be located outside the designated disaster 

area) (see Designated Disaster Area) 

 Not be under the specific authority of another Federal agency 

 Be in active use at the time of the disaster 

Examples of eligible public facilities include: 

 Roads (non-Federal Aid)	  Schools 

 Sewage Treatment Plants	  Buildings 

 Airports	  Bridges and Culverts 

 Irrigation Channels  Utilities 

Eligible PNP facilities include (see Private Nonprofit (PNP) Facility): 

 Educational facilities 	  Medical facilities 

 Utilities	  Rehabilitation facilities 

 Certain irrigation facilities	  Custodial care facilities 

 Emergency facilities (e.g., fire 	  Other essential government 

stations and rescue squads)	 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 restoring the facility to its 

original design and capacity, or restoring it to its immediate pre-disaster 

alternate purpose, whichever costs less. 

References: Sections 102(9) and (10) of the Stafford Act 

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

Public Assistance Guide, FEMA 322, pages 22-28 

Public Assistance Policy Digest 43 
 

Eligible Work 

In general, Eligible Work is based on the following minimum criteria: 

 It must be required as a direct result of the declared major disaster 

or emergency 

 It must be within the designated disaster area, except that sheltering 

and evacuation activities may be located outside the designated 

disaster area (see Designated Disaster Area) 

 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. The eligible work will be that portion of the 

blockage that was caused by the disaster. 

The repair of damage caused by an applicant, if unavoidable, may be 

eligible, especially in cases where the damage occurs during emergency 

response efforts. For example, while using heavy equipment to build a 

temporary berm for flood protection, an applicant damages the roads that 

provide access to the berm. Even though the applicant caused the damage, 

the repairs to the road may be eligible as Category B work. For Federal-Aid 

roads, only emergency repairs could be eligible (see Federal-Aid Roads). For 

local roads, repair to pre-disaster condition would be eligible. 

There are three types of work eligible for the Public Assistance Program. 

These types of work are: 

 Debris removal 

 Emergency protective measures 

 Permanent restoration 

References: 44 CFR §206.223(a)
 

Public Assistance Guide, FEMA 322, pages 29-40
 

44 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

Emergency Management Assistance Compact (EMAC) 

The Emergency Management Assistance Compact (EMAC) is a national 

compact among almost all 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, 

EMAC-specific, documentation is provided) for deployment-related costs. 

To the extent the specific agreement between States meets the requirements 

of the FEMA policy on mutual aid agreements and the work meets FEMA 

eligibility requirements, 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. 

References: Mutual Aid Agreements for Public Assistance and Fire Management Assistance, 

FEMA Policy 9523.6, dated August 13, 2007 

Public Assistance Guide, FEMA 322, page 51 

Public Assistance Policy Digest 4 
 

Emergency Protective Measures 

Emergency Protective Measures are actions taken by a community 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 and emergency public transportation costs may be eligible, 

but only through Direct Federal Assistance by a Federal agency. 

Examples of eligible emergency protective measures are: 

 Warning of risks and hazards 

 Search and rescue 

 Security forces (police and guards) in the disaster area 

 Construction of temporary levees 

 Provision of shelters and emergency mass care 

 Provision of emergency medical care 

 Sandbagging 

 Bracing/shoring damaged structures 

 Provision of food, water, ice and other essential needs at distribution 

points for use by the local population 

 Emergency repairs 

 Emergency demolition 

 Removal of health and safety hazards 

 Cost-effective measures by a State or local government to prevent 

damage to a public or private facility, or by an eligible PNP 

organization to prevent damage to eligible facilities for which it is 

responsible 

(See Categories of Work.) 

References: Sections 403 and 424 of the Stafford Act 

44 CFR §206.201(b) and §206.225 

Public Assistance Guide, FEMA 322, pages 66, 71-74 

4 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

Endangered Species Act (ESA) 

The 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 consult 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 the habitat for the species. 

While compliance issues may arise with projects involving undisturbed 

sites (alternate and improved projects), or sites in or by waterways, they also 

may arise with relatively minor activities, e.g., a culvert replacement. 

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 129, 130 

Public Assistance Policy Digest 47 
 

Engineering and Design Services 

Engineering and Design Services necessary to complete eligible work are 

eligible for public assistance. For estimating purposes, these services generally 

fall into three categories. 

 Basic engineering services performed by an architecturalengineering firm and 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. See Public Assistance 

Guide, pages 56-61. 

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. 

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

restoration project, include engineering surveys, soil investigations, 

services of a resident engineer, 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. These costs are estimated separately from the Cost 

Curves A and B and are added to the Project Worksheet. 

 Construction inspections: some projects do not require engineering 

and design but may require full-time construction inspection 

services because of unusual situations. Work would include checking 

engineering specifications, checking the quality of materials, 

reviewing shop drawings, and making work site inspections. 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. 

Reference: Public Assistance Guide, FEMA 322, pages 41, 56-61 

4 Public Assistance Policy Digest 
 

Equipment 

All 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 distance. 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, in accordance with the FEMA 

policy for the disposition of purchases, 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. 

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 48-50, 66, 83-85 

Public Assistance Policy Digest 4 
 

 

 

 

 

 

Equipment Rates 

The 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, insurance, depreciation, fuel and 

maintenance, but do not include operator labor. FEMA recognizes the rate 

of either FEMA, State, or local equipment rates as follows: 

 FEMA Rates: FEMA maintains a national schedule of equipment 

rates for the operating costs associated with force account 

equipment. 

 State Rates: Applicants using equipment rates established under 

State guidelines in their normal day-to-day operations may claim 

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.) 

 Local Rates: Applicants using rates developed by a local government 

in their normal day-to-day operations may claim reimbursement 

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

whichever is lower. If the local rate is lower but 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. 

REG STATE CNTY 

COST 

CODE NO. DESCRIPTION UNIT 

UNIT 

PRICE 

00 00 000 8680 Truck, Concrete, 8CY, 235 HP HR 39.00 

00 00 000 8700 Truck, Flatbed, 6,000 Lbs., 140 

HP 

HR 8.75 

00 00 000 8710 Truck, Bucket, 30 Ft., 150 HP HR 12.50 

00 00 000 8714 Truck, Line, 150 HP HR 26.00 

00 00 000 8715 Truck Line, 210 HP HR 31.00 

00 00 000 8730 Truck, Garbage, 25 CY HR 26.00 

Equipment rates are applied only to the time equipment is actually 

working. Standby time and idle time are not eligible. However, if an applicant 

uses equipment intermittently for more than half the normally scheduled 

working hours for a given day, use for the entire day may be claimed. 

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

the Applicants’ Briefing or from the FEMA website (http://www.fema.gov/ 

government/grant/pa/eqrates.shtm). 

References: 44 CFR §206.228(a) 

Public Assistance Guide, FEMA 322, pages 41, 44, 48-49, 84, 103 

0 Public Assistance Policy Digest 
 

 

 

 

 

Erosion 

Erosion 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.) 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

Expedited Payments 

Expedited Payments are made to applicants who participated in the 

Preliminary Damage Assessment (PDA) and who have applied for Public 

Assistance. FEMA will obligate 50 percent of the Federal share of the estimated 

cost of work under Category A (Debris Removal) and Category B (Emergency 

Protective Measures) as estimated during the PDA. Payment for Category A 

will be within 60 days after the estimate was made and no later than 90 days 

after the Request for Public Assistance was submitted. 

Expedited payments are not intended for work that involves environmental 

or historic preservation concerns or work covered by insurance. The payments 

will need to be reconciled with actual costs. Project Worksheets (PWs) will follow 

the normal Project Worksheet process. (See also Immediate Needs Funding 

(INF) and Preliminary Damage Assessment (PDA).) 

References: Section 407(e) of the Stafford Act 

Public Assistance Guide, FEMA 322, pages 90-91 

 Public Assistance Policy Digest 
 

 

 

Facilities Under Construction 

Typically, 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: 

 The contract under which the work is being performed places 

responsibility for damage on the applicant during the construction 

period. 

 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 would be 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 28 

Public Assistance Policy Digest 3 
 

Federal-Aid Roads 

The Federal Highway Administration (FHWA) administers the Emergency 

Relief (ER) Program to assist State and local governments with the repair 

of Federal-Aid Roads and bridges damaged during disasters. Funds from 

this program are used for facilities on routes identified by the FHWA. They 

include most public roads except those functionally classified as rural or 

minor collector routes. 

The ER Program is the responsibility of the Secretary of Transportation 

and is activated independently of major disaster declarations and emergency 

declarations made by the President. 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. Eligible emergency 

work includes debris removal even when there is no physical damage to 

the roads. 

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

Federal-Aid Roads is restricted, as described below. 

 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 available. As a 

result, there may be times when no Federal assistance is available for 

permanent repair. 

 Emergency Work: FEMA may assist with emergency repairs and 

debris clearance on Federal-Aid Roads if the ER Program is not 

activated on a case-by-case basis, and only for those cases in which 

there is an immediate threat to the public health and safety. 

FEMA cannot fund costs under a minimum threshold for work by another 

agency. 

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(9) and 312 of the Stafford Act 

44 CFR §206.221(h) and §206.226(a) 

Emergency Relief Manual (Federal-Aid Highways), August 2003 update of 

FHWA-PD-98-054 

Public Assistance Guide, FEMA 322, pages 25-26, 68, 80 

4 Public Assistance Policy Digest 
 

 

 

 

FEMA-State Agreement 

The FEMA-State Agreement is a document signed by the Governor of the 

State and the FEMA Regional Administrator that states the understandings, 

commitments, and conditions under which Federal assistance will be provided. 

The agreement identifies the incident and the incident period, specifies the 

type and extent 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. 

Reference: 44 CFR §206.44 

Public Assistance Policy Digest  
 

Fire Management Assistance 

The Fire Management Assistance Program is authorized under Section 420 

of the Stafford Act. It allows for the mitigation, management, and control of 

fires burning on publicly or privately owned forest or grasslands that threaten 

destruction that would constitute a major disaster. 

There are four criteria used in evaluating the threat posed by a fire or 

fire complex: 

 Threat to lives and improved property, including threats to critical 

facilities/infrastructure, and critical watershed areas 

 Availability of State and local firefighting resources 

 High fire danger conditions 

 Potential major economic impact 

Eligible costs may include: 

 Equipment and supplies (less insurance proceeds) 

 Emergency work (evacuations and sheltering, police barricading 

and traffic control, arson investigation) 

 An emergency operations center when it is used as a Unified 


Command Center
 

 Pre-positioning of Federal, out-of-State, and international resources 

for up to 21 days 

 Personal comfort and safety items for firefighter health and safety 

 Field camps and meals in lieu of per diem 

 Mobilization and demobilization costs 

 Temporary repair of damage caused by firefighting activities 

 Costs for the mitigation, management, and control of declared 

fires burning on comingled Federal land, when such costs are not 

reimbursable by another Federal agency 

Reference: Section 420 of the Stafford Act 

 Public Assistance Policy Digest 
 

 

 





 

 

 

 

 

 

 

 

 

 











Flood Control Works 

Flood Control Works are facilities constructed for the purpose of eliminating 

or reducing the threat of flooding. Examples include: 

Protective levees 

Floodwalls 

Flood control channels 

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. 

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. 

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. Removal of temporary levees 

constructed as emergency protective measures also may be claimed. 

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 storm that has a 20% chance 

of occurring in a given year or to provide the pre-disaster 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 nonenrolled facility, the applicant must agree to enroll the subject facility in the 

USACE program. FEMA will not fund repairs on a facility that was previously 

given FEMA emergency repair assistance. FEMA also will not provide assistance 

for emergency repairs to that facility in a subsequent disaster. 

(See also Water Control Facilities.) 

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 24-25, 82 

Public Assistance Policy Digest 7 
 

 

 

 

Flood Insurance 

A reduction in disaster assistance is made for facilities located in the 100-year 

floodplain when damaged by flooding, 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. This reduction is made separately for buildings and contents. 

The items that may be eligible for disaster assistance include: 

 Reasonable deductible limited to the minimum available under the NFIP 

in the applicant’s first claimed FEMA assistance if the cost accrued is to 

the applicant 

 Depreciation (i.e., differences between FEMA eligible costs and final loss 

valuations used by insurers) 

 The cost of damages that exceed the limits of a standard NFIP policy 

 Items not covered by a standard NFIP policy. 

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 in the amount of 

eligible damages for the future as a condition of receiving the Federal grant. 

Notes: 

 If the insurance is not maintained, the facility will receive no assistance in 

the next disaster event of the same type. 

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


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

 If the disaster is a flood, the applicant must obtain and maintain flood 

insurance, even if the facility is not located in a floodplain 

 If the assistance for permanent work received exceeds the amount 

available in an NFIP standard flood insurance policy, the applicant is 

required to obtain and maintain additional insurance so that the full 

amount of the FEMA eligible damages is covered by insurance. 

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 119, 120-122 

 Public Assistance Policy Digest 
 

Floodplain Management 

The objectives of Floodplain Management are to: 

 Avoid, to the extent possible, the long- and short-term adverse 


impacts associated with the occupancy and modifications of 


floodplains
 

 Avoid direct and indirect floodplain development wherever there is 

a practicable alternative 

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. 

For permanent work projects that are located in the floodplain, FEMA 

must conduct an 8-step review process. 

FEMA must also perform floodplain management reviews for critical 

facilities located in any floodplain up to and including the 500-year floodplain. 

A facility is considered to be critical if flooding of that structure would present 

an immediate threat to life, public health, and safety (emergency shelters, 

hospitals, utility generating plants, etc.) 

References: Section 406(d) of the Stafford Act 

44 CFR Part 9 

Executive Order 11988 

Public Assistance Guide, FEMA 322, pages 120, 135-136 

FEMA 258/May 1995 – Guide to Flood Maps 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

Fringe Benefits 

Eligible 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 holiday leave, accrued 

vacation leave, sick leave, social security matching, Medicare, unemployment 

insurance, workers’ compensation, retirement-regular, retirement-special 

risk, health insurance, life and disability insurance, administrative leave, and 

compensatory leave. 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: Sections 406(a)(2)(C) and 406(f)(5) of the Stafford Act 

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

Public Assistance Guide, FEMA 322, pages 45-47 

0 Public Assistance Policy Digest 
 

 

 

 

 

 

Geotechnical Study 

A Geotechnical 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 Administrator 

may authorize funding for post-disaster inspections and limited geotechnical 

investigations to determine if the disaster created an unsafe condition that 

poses an immediate threat to life or property. In addition, the FEMA Regional 

Administrator may authorize post-disaster site inspections and geotechnical 

investigations to determine site stability related to repair of permanent 

facilities under the PA Program (see Landslides). 

References: Landslides and Slope Failures, FEMA Policy 9524.2, dated May 23, 2006 

Public Assistance Guide, FEMA 322, pages 67, 81-82 

Public Assistance Policy Digest  
 

 

 

 

 

 

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 other than possible 

audits. FEMA may conduct an audit during or after grant closure. 

References: 44 CFR §13.50 

Office of Management and Budget Circular A-110 

Public Assistance (PA) Program Grants Administration Post Award Monitoring 

and Closeout Processes, FEMA Policy 8610.8, dated August 29, 2006 

Public Assistance Guide, FEMA 322, page 114 

 Public Assistance Policy Digest 
 

Grant Management PW 

For disasters declared prior to November 13, 2007, the grantee is allowed 

administrative costs known as State Management Administrative Costs in addition 

to the Statutory Administrative Costs (see Administrative Allowance, Grantee: 

Declarations before November 13, 2007) for managing the Public Assistance (PA) 

Program. These documented eligible costs are paid through a Grant Management 

Project Worksheet (PW). The Project Worksheet is processed using the Standard 

Project Number 852 and classified as Category Z. Eligible costs include: 

 Regular time salaries and benefits incurred by State employees for 

preparation or conduct of: 

» PWs 

» Final inspection reports 

» Audits 

» Record-keeping 

» Project monitoring 

» Ensuring subgrantee compliance with laws, regulations, etc. 

 Supplies, material, equipment and office space necessary to manage 

the disaster 

 Contractor assistance 

 Other related field expenses 

 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 Project Worksheet. 

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

Administrative Plan for Public Assistance and the associated staffing plan. 

This method of reimbursing management costs is not used for disasters 

declared on or after November 13, 2007. 

References: 44 CFR Part 13 

44 CFR §207.9(b)(1) 

Office of Management and Budget Circular A-87 

Payment of Contractors for Grant Management Tasks, FEMA Policy 9525.11, 

dated April 22, 2001 

Public Assistance Grantee Administrative Costs, FEMA Policy 9525.14, dated 

November 7, 2006 

Public Assistance Guide, FEMA 322, page 65 

Public Assistance Policy Digest 3 
 

 

 

 

 

 

 

 

 

 

Grantee 

The Grantee is the State government, and in some instances, an Indian 

Tribal government, 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, supporting project identification activities 

(including large and small project identification and validation of small 

projects), and submitting the necessary paperwork for grant awards. (See 

State Administrative Plan for more information.) 

References: 44 CFR §206.201(e) and §206.202(b)
 

Public Assistance Guide, FEMA 322, pages 3, 5, 9-10
 

4 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hazard Mitigation, Section 404 

Hazard Mitigation is action taken to reduce or eliminate long-term risk 

to people and property from natural hazards and their effects. One type of 

hazard mitigation 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 manages the program and is responsible for soliciting 

applications from eligible applicants. The amount of assistance is derived 

through a formula based on the aggregate assistance given to the State. 

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, infrastructure protection measures, and 

nonstructural measures such as planning. 

Applicants who have questions regarding the Hazard Mitigation Grant 

Program should contact the Public Assistance Coordination Crew Leader, 

Joint Field Office staff, or the State Hazard Mitigation Officer. 

The Section 404 Hazard Mitigation Program may apply statewide or may 

apply in specific counties; the Section 406 Hazard Mitigation Program applies 

to specific damaged facilities (see Hazard Mitigation, Section 406). 

References: Section 404 of the Stafford Act 

Hazard Mitigation Grant Program Desk Reference, FEMA 345 

Public Assistance Guide, FEMA 322, pages 115, 116, 124-125 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hazard Mitigation, Section 40 

Hazard Mitigation, Section 406 of the Stafford Act is a funding source for 

cost-effective measures that would reduce or eliminate the threat of future 

similar 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, or reconstruction 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. Likewise, in combining damaged facilities as an improved 

project, mitigation funding approved for an initial location does not move 

to the new location of the combined facility. 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(e) 

Hazard Mitigation Funding Under Section 406 (Stafford Act), FEMA Policy 

9526.1, dated July 30, 2007 

Public Assistance Guide, FEMA 322, pages 115, 116, 124-127 

 Public Assistance Policy Digest 
 

 

 

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. FEMA funding is available to those shelters that are open 

to the general public (see Buildings, Private Nonprofit (PNP) Facility, and 

Shelter Workshops). An eligible facility is only the location from which the 

qualifying service is delivered. 

Publicly owned homeless shelters generally are eligible for public 

assistance. 

References: 44 CFR §206.221(e)(7) 

Private Nonprofit Facility Eligibility, FEMA Policy 9521.3, dated July 18, 2007 

Public Assistance Guide, FEMA 322, pages 11, 12, 18 

Public Assistance Policy Digest 7 
 

Homeowners’ Associations 

Homeowners’ Associations are generally formed to provide services such 

as managing, maintaining, and governing the use of property within a specific 

defined area for and on behalf of the homeowners of that area. Homeowners’ 

Associations often prohibit access with gates and other security systems. When 

access is restricted, the services and facilities cannot be considered open 

to the public, and therefore are not eligible for Public Assistance funding 

except as described below. 

 Removal of debris from roadways (including debris moved to the 

curb) within the community to create an emergency path of travel 

is eligible if performed or contracted for by an eligible local or State 

level government entity with legal authority and applied for by the 

eligible local or State entity. 

 If the Homeowners’ Association meets the criteria for an eligible 

PNP under the PA Program, it may claim costs for the repair of its 

eligible education, medical, custodial care, emergency, and utility 

(except irrigation) facilities. 

Repairs of roadways, irrigation facilities, and facilities that provide 

governmental services other than those listed above are not eligible. PNP 

recreation facilities are ineligible whether the community is gated or not. 

(See also Debris Removal.) 

Reference: Public Assistance Guide, FEMA 322, pages 20-21 

 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

Immediate Needs Funding (INF) 

Immediate 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 and emergency 

protective measures. 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. 

(See also Expedited Payments.) 

References: Public Assistance Guide, FEMA 322, pages 90-91 

Public Assistance Policy Digest  
 

Immediate Threat 

Imminent danger or threat to improved private or public property or to 

lives, public health, and safety as a result of an event that has a 20 percent 

chance of occurring in a given year is called an Immediate Threat. Debris 

removal, emergency protective measures, and emergency repairs to some 

facilities are eligible only if these actions are necessary to lessen or eliminate 

an immediate threat. FEMA determines the existence of an immediate threat. 

The following are examples of how the definition of an immediate threat 

applies to various disaster scenarios: 

 For a flood, the immediate threat exists if a 5-year flooding event 

could cause damage to improved property or threaten lives, public 

health, and safety. This is not a flood that necessarily happens within 

5 years, but a flood that has a 20 percent chance of occurring in any 

given year. 

 For a landslide, an immediate threat may exist if the earth on a 

slope could slide as the result of a moderate amount of rainfall. A 

geotechnical study may be necessary to determine if an immediate 

threat exists (see Geotechnical Study). 

 For an earthquake, an immediate threat may exist if moderate 

ground shaking, such as might be expected during an aftershock, 

could cause further damage to a structure or threaten the safety of 

the structure’s occupants. 

 For a hurricane, an immediate threat may exist if a facility damaged 

by storm surge could be exposed to additional flooding from a 

subsequent 5-year event. Similarly, if a wind-damaged facility is 

subject to additional damage by moderate winds, such winds could 

be considered an immediate threat. 

References: Section 403 of the Stafford Act 

44 CFR §206.221(c) 

Public Assistance Guide, FEMA 322, pages 26, 38, 66-67, 71, 76 

70 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 function and capacity. For example, an applicant 

might propose laying asphalt on a gravel road or replacing a firehouse that 

originally had two bays with one that has three. Projects that incorporate 

such improvements are called Improved Projects. For the most part, these 

are projects in which the funding for approved work cannot be tracked 

within the improved project because of physical changes or contracting 

arrangements. 

An improved project may be requested for both small and large projects, 

but must be approved by the grantee prior to construction. Any project that 

results in a significant change from the pre-disaster configuration (that is, 

different location, footprint, or size) must be reviewed by FEMA prior to 

construction to ensure completion of the appropriate environmental and/ 

or historical review. Grantee approval must be held pending such review. 

If an applicant opts to use a code or standard that does not meet FEMA 

requirements, the project becomes an improved project. Federal funding 

for improved projects is limited to the Federal share of the estimated costs of 

the original project or to the Federal share of the actual costs of completing 

the improved project, whichever is less, and to the time limits that would 

be associated with repairing the damaged facility to its pre-disaster design. 

Justified time extensions may be approved. The balance of the funds is a 

non-Federal responsibility. Funds to construct the improved project also can 

be combined with a grant from another Federal agency and/or a FEMAapproved alternate project; however, Federal grants cannot be used to meet 

the grantee or local cost-share requirement unless the legislation for the 

other grant allows such use, e.g., the Community Development Block Grant 

(CDBG) program. 

If the original facility is being repaired and improvements are being 

added, Section 406 Hazard Mitigation funding may be applied to the original 

facility. If the improved project involves a new facility on the same site or on 

a different site, Section 406 Hazard Mitigation funding will not be applied 

to that project. 

References: 44 CFR §206.203(d)(1)
 

Public Assistance Guide, FEMA 322, pages 79, 110-111
 

Public Assistance Policy Digest 7 
 

Improved Property 

Improved Property is any structure, facility, or item of equipment that 

was constructed, built, or manufactured. 

Examples of improved property include: 

 Buildings 

 Levees 

 Roads and bridges 

 Vehicles and equipment 

 Improved and maintained natural features 

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 66, 67, 74
 

7 Public Assistance Policy Digest 
 

Inactive Facilities 

To be eligible for public assistance, a facility must have been in active use 

at the time of the disaster. Inactive Facilities are not eligible. Exceptions to 

this requirement occur when: 

 The facility was only temporarily inoperative for repairs or 


remodeling
 

 The facility was unoccupied for a short period between tenants 

 Active use by the applicant was firmly established in an approved 

budget 

 The applicant can clearly demonstrate to FEMA that there was an 

intent to begin use within a reasonable amount of time 

References: 44 CFR §206.226(k)(2)
 

Public Assistance Guide, FEMA 322, pages 26-27
 

Public Assistance Policy Digest 73 
 

 

 

 

 

 

 

Incident Period 

The Incident Period is the time span during which the disaster-causing 

incident occurs. This period varies in length, depending on the type of 

incident. For example, the incident period for a flood event could be several 

weeks, because the water has to crest and recede; while the incident period 

for a tornado would be one day, because the damage occurs in a matter of 

minutes. Damage that occurs during the incident period, or damage that 

is the direct result of events that occurred during the incident period, is 

eligible. Protective measures and other preparation activities performed 

within a reasonable and justified time in advance of the incident period 

may also be eligible. The incident period will be established by FEMA in the 

FEMA-State Agreement. 

Reference: Public Assistance Guide, FEMA 322, pages 29-30 

74 Public Assistance Policy Digest 
 

Indian Tribal Governments 

Federally recognized Indian Tribal Governments, including Alaska Native 

villages, 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 Tribal government must apply 

to the FEMA Regional Administrator to become its own Grantee (see State 

Management of Disasters). 

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: 

 Meet all requirements placed on a grantee in accordance with 44 

CFR Part 13 

 Execute a formal FEMA-Tribal Agreement similar to the FEMA-State 

Agreement (see FEMA-State Agreement) 

 Develop and submit a Public Assistance Administrative Plan similar 

to the State Administrative Plan (see State Administrative Plan) 

References: Section 102(7) of the Stafford Act 

44 CFR Part 13 

44 CFR §206.202(f)(1) and §206.222(c) 

Administering American Indian and Alaska Native Tribal Government Funding, 

FEMA Policy 9521.4, dated April 30, 2007 

Eligibility for Permanent Repair and Replacement of Roads on Tribal Lands, 

FEMA Policy 9524.8, dated July 24, 2007 

Public Assistance Guide, FEMA 322, pages 3, 5, 9-10, 25 

Public Assistance Policy Digest 7 
 

Insurance 

The 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 known, 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. Generally, eligible 

uninsured losses may include the following items: 

 Reasonable deductible in the applicant’s first claimed FEMA 


assistance for a facility if the cost accrued is to the applicant
 

 Depreciation (i.e., differences between FEMA eligible costs and final 

loss valuations used by insurers) 

 Costs in excess of an insurance policy limits, including sublimits for 

certain hazards (such as flood or earthquake) 

For flood damage, the reduction of eligible costs is dependent on whether 

or not the facility is located within a Special Flood Hazard Area (SFHA) as 

defined by the National Flood Insurance Program (NFIP). 

 If the facility is outside the SFHA and is insured, the reduction is the 

actual or anticipated insurance proceeds 

 If the facility is within the SFHA and has no or insufficient flood 

insurance, eligible costs will be reduced by the lesser of: (a) the 

value of the facility, or (b) the maximum amount of insurance 

proceeds that would have been payable had the facility been covered 

through NFIP coverage 

As a condition of receiving Federal assistance, the applicant must obtain and 

maintain insurance in at least the amount of the eligible damage to protect against 

future loss to such property from the same peril for the life of the project. Note: 

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

assistance in the next event of the same type 

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

$5,000, the purchase of insurance is not required 

 Insurance is not required for temporary facilities provided under 

Mission Assignments or Section 403 of the Stafford Act. 

References: Sections 311, 312, 403, and 406 of the Stafford Act 

44 CFR §206.250-253 

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

July 24, 2007 

Insurance Responsibilities for Field Personnel, FEMA Fact Sheet 9580.2 

Insurance Considerations for Applicants, FEMA Fact Sheet 9580.3 

Public Assistance Guide, FEMA 322, pages 40, 41, 70, 83, 119-123 

7 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

 

Irrigation Facilities 

Irrigation Facilities are channels and associated features generally designed 

and constructed for the purpose of transporting water for agricultural use. All 

publicly owned irrigation facilities generally are eligible for public assistance. 

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 means providing water for fire suppression, 

generating electricity, and drinking water supply. Irrigation facilities solely 

used for agricultural purposes are not eligible. Grant assistance for eligible 

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

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. 

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)). 

References: Section 102(9) and (10) of the Stafford Act 

44 CFR §206.221(e)(3) 

Private Nonprofit Facility Eligibility, FEMA Policy 9521.3, dated July 18, 2007 

Public Assistance Guide, FEMA 322, pages 10, 12, 13, 18, 20, 21, 82 

Public Assistance Policy Digest 77 
 

Kickoff Meeting 

The Kickoff Meeting is a substantive, project-oriented meeting for the 

applicant, the State, and FEMA. It differs from the Applicants’ Briefing 

conducted by the State at the onset of disaster operations. While the 

Applicants’ Briefing describes the application process and gives a general 

overview of the PA Program, the Kickoff Meeting is conducted by FEMA 

specifically for the applicant in order to provide a much more detailed review 

of the PA Program and the applicant’s specific needs. It focuses on the 

eligibility and documentation requirements that are most pertinent to an 

applicant. The meeting is the first step in establishing partnership among 

FEMA, the State, and the applicant. 

The Kickoff Meeting is a milestone in the PA Program. Not only does 

it start the process of assistance for an applicant, it is the marker for some 

key deadlines: 

 Damaged facilities and emergency work must be identified and 

reported to FEMA within 60 days of the Kickoff Meeting. 

 If the applicant opts to prepare Project Worksheets for small projects, 

they are due within 60 days of the Kickoff Meeting, unless an earlier 

deadline is set by FEMA or the State. 

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

the Kickoff Meeting. 

References: 44 CFR §206.202(d)(ii)
 

Public Assistance Guide, FEMA 322, pages 89, 90, 94, 96, 107, and 111
 

7 Public Assistance Policy Digest 
 

Labor Costs 

Force account Labor Costs associated with conducting eligible work 

may be claimed at an hourly rate. Labor rates can include actual wages 

paid plus fringe benefits paid or credited to personnel. Different eligibility 

criteria apply to labor rates for different kinds of employees and work. The 

applicant’s pre-disaster written policies are used in determining cost eligibility. 

For example, overtime or compensatory time for Fair Labor Standards Act 

“exempt” employees is not eligible, except where written policies provide 

for it, it is not subject to management’s discretion, and it is not contingent 

on Federal funding or discretion. An applicant’s own employees are known 

as force account labor. 

For permanent work performed by an applicant, both regular time and 

overtime are eligible for all employees. Overtime may be credited in actual 

wages or in compensatory time off. 

For emergency work, only overtime labor is eligible for: 

 Permanent employees 

 Reassigned employees 

 Seasonal employees used during the season of anticipated 


employment 


Both regular time and overtime labor are eligible for non-budgeted 

employees assigned specifically to perform emergency work, including: 

 Temporary employees 

 Essential employees called back from administrative leave 

 Permanent employees funded from an external source such as grants 

The labor costs for employees sent home or told not to report due to 

emergency conditions are not eligible. Salaries of commissioners, mayors, 

department directors, police and fire chiefs, and other administrators are 

usually not eligible. 

Refer to Donated Resources, Fringe Benefits, Reassigned Employee, and 

Temporary Employee for an explanation of appropriate regulatory criteria 

and policy guidelines that must be adhered to when claiming costs associated 

with these specific items. 

References: Section 406 of the Stafford Act 

44 CFR §206.221(b) and §206.228(a)(2) 

Labor Costs – Emergency Work, FEMA Policy 9525.7, dated November 16, 

2006 

Public Assistance Guide, FEMA 322, pages 42-47 

Public Assistance Policy Digest 7 
 

Landslides 

A Landslide is the downward and outward movement of slope-forming 

materials including soil, artificial fill, or a combination of these materials. 

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: 

 Temporary drainage measures 

 Temporary ground protection 

 Partial excavation at the head to reduce driving force 

 Backfilling or buttressing the toe 

 Installing barriers to redirect debris flow 

 Temporary relocation of the facility’s function, when it is costeffective and otherwise meets criteria for temporary relocation 

 Site grading 

Such measures must be temporary. 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 integral 

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

If the site is not stable and the instability was caused by the disaster, the site 

is eligible only if the work to stabilize the site is cost effective. 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. Natural slopes and hillsides do 

not qualify as a facility and are not eligible for permanent work assistance. 

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 that is necessary to restore a facility. 

References: Landslides and Slope Failures, FEMA Policy 9524.2, dated May 23, 2006 

Public Assistance Guide, FEMA 322, pages 81-82 

0 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

Large Projects 

Two 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, 2008, 

the threshold is set at $60,900. 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 PA Project Specialist. 

2. FEMA applies the Cost Estimating Format to projects that are 90% 

or less complete when the Project Worksheet is written. 

3. FEMA approves funding using the estimate and obligates the 

Federal share of the funds to the State (see Payment of Claims). 

4. As the project proceeds, the applicant periodically requests 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. 

5. 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 reconciles the actual costs and transmits the 

information on the completed project to FEMA, certifying that the 

applicant’s costs were incurred in the completion of eligible work. 

6. After reviewing the State’s report, FEMA may conduct a final 

inspection and 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: Section 422 of the Stafford Act 

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

Public Assistance Guide, FEMA 322, pages 95, 96, 98, 105, 109, 140, 141 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

 

 

 

 

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 generally 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. An example could 

be reservoirs and water delivery systems constructed by the U.S. Bureau of 

Reclamation. 

Roads on U.S. Government Trust Lands are the responsibility of the 

Bureau of Indian Affairs. However, other roads on Tribal lands may be eligible 

if the Tribe is included in the Federally Recognized Indian Tribal List Act 

of 1994. 

Debris removal from private property generally is not eligible (see Debris 

Removal). 

References: 44 CFR §206.223 

Eligibility for Permanent Repair and Replacement of Roads on Tribal Lands, 

FEMA Policy 9524.8, dated July 24, 2007 

Public Assistance Guide, FEMA 322, pages 23, 30-31 

 Public Assistance Policy Digest 
 

Libraries 

Libraries 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: 

 Removal of destroyed books, shelving, carpeting and furniture 

 Labor involved with disposal and re-shelving of books and cleaning 

of damaged books 

 Dump charges associated with the disposal of books and debris 

 Replacement of library books and publications based on an 


inventory of the quantities of various categories of books and 


publications damaged or destroyed
 

(For other eligible costs, see Buildings, Equipment, and Private Nonprofit 

(PNP) Facility.) 

References: Section 102(10)(B) of the Stafford Act 

44 CFR §206.226(i) 

Private Nonprofit Facility Eligibility, FEMA Policy 9521.3, dated July 18, 2007 

Public Assistance Guide, FEMA 322, pages 10, 12, 18 

Public Assistance Policy Digest 3 
 

 

 

Materials 

The costs associated with supplies that were purchased or taken from 

an applicant’s stock and used during performance of eligible work may be 

claimed. 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. 

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 48 

4 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

Mold 

Extensive disaster-related damage from external sources or from broken 

water pipes may cause eligible facilities to become inundated or exposed to 

wet and humid conditions for several days following a disaster. The disruption 

of electrical power may inhibit the use of water-extraction, pumping, and 

drying electrical equipment, and the limited availability of private repair 

and restoration contractors may delay cleanup activities. If this happens, 

water saturation may cause growth and propagation of mold on structures 

and interior contents, causing health-related problems and increasing the 

costs of repairs. 

Mold remediation may be eligible under the Public Assistance Program, 

either as an emergency protective measure in the immediate aftermath of 

a disaster, or as part of the permanent repair work of eligible facilities. For 

mold remediation to be eligible, the mold must not be a result of poor 

facility maintenance or failure to take protective measures in a reasonable 

time after the event. 

References: Mold Remediation, FEMA Fact Sheet 9580.100, dated November 7, 2006 

Public Assistance Guide, FEMA 322, pages 32-33, 83 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

Museums 

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. 

All components of publicly owned museums generally are eligible for 

public assistance. 

(See Art for eligibility of museum collections and objects.) 

References: Sections 102(10) of the Stafford Act 

44 CFR §206.221(e)(7) 

Collections and Individual Objects, FEMA Policy 9524.6, dated August 17, 

1999 

Private Nonprofit Facility Eligibility, FEMA Policy 9521.3, dated July 18, 2007 

Private Nonprofit Museum Eligibility, FEMA Policy 9521.2, dated August 17, 

1999 

Public Assistance Guide, FEMA 322, pages 10, 12, 18, 84 

 Public Assistance Policy Digest 
 

Mutual Aid Agreement 

A Mutual Aid Agreement is an agreement between jurisdictions or agencies 

to provide services across boundaries in the event of an emergency or major 

disaster. The conditions of the agreement can be to provide reciprocal 

services or direct payment for services. FEMA will reimburse mutual aid 

costs for emergency work provided that: 

 The entity that received the aid was charged for that aid. For 

example, Green County removes debris in Blue County. As part of 

their mutual aid agreement, Green County charges Blue County for 

the work. FEMA may provide funding to Blue County 

 Payment under the agreement is not contingent on receipt of 


Federal funding
 

 The receiving entity can provide documentation of work 

accomplished, the billing for assistance, and payment for services 

 The claimed costs are reasonable 

 The claimed costs are in accordance with FEMA’s mutual aid policy 

(e.g., the aid was requested and the work is eligible for assistance) 

The employees of the entity providing supplemental assistance are 

considered as extra hires or contract labor; therefore, both regular and 

overtime labor are eligible. The receiving entity is responsible for requesting 

FEMA assistance and for the non-Federal cost share. 

Labor from one division of an entity providing assistance to another 

division of the same local or State entity will not be treated under mutual 

aid provisions. 

References: Mutual Aid Agreements for Public Assistance and Fire Management Assistance, 

FEMA Policy 9523.6, dated August 13, 2007 

Public Assistance Guide, FEMA 322, pages 50-51 

Public Assistance Policy Digest 7 
 

National Environmental Policy Act (NEPA) 

The 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 projects requiring NEPA review are: 

 Any project that involves breaking or disturbing new or undeveloped 

ground 

 Work taking place in floodplains or wetlands 

 Improved projects that increase the size or footprint of a facility (see 

Improved Projects) 

 Alternate projects (see Alternate Projects) 

 Relocated projects (see Relocation, Permanent) 

 Hazard mitigation projects affecting floodplains or wetlands, such as 

culvert enlargements 

 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. 

If an applicant performs work before the NEPA review is complete and 

funding is obligated, the funding may be jeopardized. This also includes any 

change to an approved project that required a NEPA finding. 

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 128-130 

 Public Assistance Policy Digest 
 

National Historic Preservation Act (NHPA) 

National Historic Preservation Act (NHPA) Section 106 requires that 

Federal agencies take into account the effects a project will have on historic 

resources and allow the Advisory Council on Historic Preservation the 

opportunity to comment on the effects of the project. Historic resources 

include districts, structures, objects, landscapes, archaeological sites, and 

traditional cultural properties included on, or eligible for inclusion on, the 

National Register of Historic Places. Restoration of historic landscapes and 

other facilities are limited by FEMA eligibility policies. 

FEMA activities requiring NHPA compliance include repair or restoration 

of historic structures, demolition or removal of historic structures, and 

improved, alternate, or relocated projects affecting undisturbed areas that 

may contain archeological sites or have cultural, historic, or pre-historic 

significance. (See Alternate Projects, Improved Projects, and Relocation, 

Permanent.) FEMA is required to make a good faith effort to identify historic 

properties within a given project area’s potential effect. 

The NHPA requires FEMA to: 

 Identify historic properties that may be affected by Federally funded 

activities 

 Evaluate the effects of the proposed work on historic properties 

 Consult with the State Historic Preservation Officer (SHPO)/Tribal 

Historic Preservation Officer (THPO), the Advisory Council on 

Historic Preservation and other interested parties 

 Proceed with the work only after completing the historic review 

process 

The NHPA encourages FEMA to establish “programmatic agreements” 

with the State emergency management agencies, SHPOs/THPOs, and 

the Advisory Council. A “programmatic agreement” outlines roles and 

responsibilities, streamlines the process for compliance with Section 106 of 

the NHPA for certain types of projects, and identifies types of projects that 

are excluded from NHPA review. 

References: 36 CFR 800 

Section 106 of the National Historic Preservation Act 

Model Programmatic Agreement – Historic Review, FEMA Policy 9560.3, dated 

May 29, 2002 

Public Assistance Guide, FEMA 322, pages 130-131 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

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 

would not be eligible unless the applicant could 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 have been 

eligible. 

Damage caused by the applicant, if unavoidable, may not necessarily be 

negligence, especially in cases where the damage occurs during emergency 

response efforts. For example, while using heavy equipment to build a 

temporary berm for flood protection, an applicant damages the roads that 

provide access to the berm. Even though the applicant caused the damage, 

the repairs to the road may be eligible as Category B work. For Federal-Aid 

roads, only emergency repairs could be eligible (see Federal-Aid Roads). For 

local roads, repair to pre-disaster condition would 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, pages 31-32
 

0 Public Assistance Policy Digest 
 

Other Federal Agencies 

For certain types of facilities, disaster assistance is the responsibility of 

a Federal agency other than FEMA. FEMA cannot provide assistance for 

the permanent repair of these facilities. This restriction applies even if the 

authorized agency decides not to provide assistance. 

Other Federal Agencies with authority to provide disaster assistance 

include the following: 

 Federal Highway Administration (FHWA): assistance with damage 

to roads and bridges on the Federal-Aid Roads, including debris 

removal (see Federal-Aid Roads) 

 U.S. Army Corps of Engineers: repair of locally owned flood control 

works, such as dams, levees, floodwalls, and flood control channels 

(see Flood Control Works) 

 Natural Resources Conservation Service: repair of locally owned 

flood control works (see Flood Control Works), and removal of 

debris from stream channels, road culverts, and bridges 

 Department of Housing and Urban Development (HUD): assistance 

with damaged properties of public housing authorities 

FEMA cannot assist with permanent repairs to these facilities. However, in 

some cases when there is an emergency need, FEMA may fund emergency work 

if the authorized agency does not provide assistance and there is an immediate 

threat to public health and safety. For example, if the FHWA decides not to 

provide funds to clear debris from a Federal-Aid road, FEMA may fund the work 

in a limited way, on a case-by-case basis if there is an immediate threat to the 

public health and safety. Additionally, the coordination agreement between FEMA 

and HUD authorizes FEMA to fund disaster-related emergency work (but not 

permanent work) for disaster-damaged public housing authority properties. 

Some Federal agencies own facilities but turn responsibility for operation 

and maintenance of these facilities over to local agencies. Examples include: 

 Roads constructed by the U.S. Forest Service 

 Reservoirs and water delivery systems constructed by the U.S. 


Bureau of Reclamation
 

 FEMA may provide assistance for the permanent repair of these 

facilities if the agreement between the Federal and local agencies 

specifically assigns responsibility for repairs to the local agency (see 

Legal Responsibility). 

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

44 CFR §206.226(a) 

Public Housing Authorities, FEMA Policy 9523.7, dated April 14, 2003 

Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, 

FEMA Policy 9524.3, dated August 17, 1999 

Eligibility for Permanent Repair and Replacement of Roads on Tribal Lands, 

FEMA Policy 9524.8, dated July 24, 2007 

Public Assistance Guide, FEMA 322, pages 23-26, 28, 41, 44 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

 

Parks, Recreational Areas, and Other Facilities 

FEMA provides assistance for restoration of publicly owned Parks, 

Recreational Areas, and Other Facilities. Roads, buildings, and utilities within 

parks and recreation areas are eligible (see Roads, Buildings, and Utilities). 

Facilities, such as fish hatcheries, that do not fit into Categories C-F, are 

considered “Other” in Category G (Parks, Recreational Areas, and Other 

Facilities). 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. Improved 

and maintained natural features such as those on golf courses and ball fields 

are eligible for restoration. However, grass and sod on any area 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). 

Private Nonprofit parks and recreational facilities are not eligible for 

public assistance (see Categories of Work). 

References: Section 102(9) of the Stafford Act 

44 CFR §206.221(e) and (h) 

Public Assistance Guide, FEMA 322, pages 20, 66, 68, 86-87 

 Public Assistance Policy Digest 
 

Payment of Claims 

FEMA 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 fordeterminingeligibility, conductingenvironmental/ 

historic preservation reviews, approving projects, and making the Federal 

share of the approved amount (i.e., the grant) 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 may 

not request funds more than three business days before the day it disburses 

them. 

The State is responsible for providing the State share of the eligible 

costs 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. 

 Small projects: payment is made on the basis of an estimate 

prepared at the time of project approval. The State makes payment 

of the Federal share to the applicant as soon as practicable after 

FEMA has obligated the Federal share (see Small Projects). 

 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 submitted by the State to FEMA (see Large Projects). 

References: 44 CFR §13.21 and §206.205 

Public Assistance Guide, FEMA 322, pages 108-109 

Public Assistance Policy Digest 3 
 

 

 

 

 

 

 

 

 

 

Performing Arts Facilities 

A Private Nonprofit Performing Arts Facility is a facility whose primary 

purpose is the presentation to the general public of live performances involving 

actors, singers, dancers, musicians, performance groups and ensembles, 

and/or other performing artists. It includes the production/facilitation of 

such performances (e.g., creation of artistic works or productions, public 

education, professional training, rehearsals, design, and construction of 

production materials). The facility may include, but is not limited to, rehearsal 

and performance spaces, box office, audience spaces, amphitheaters, outdoor 

stages, classrooms, and other areas dedicated to performing arts production 

and presentation. 

Publicly owned Performing Arts Facilities are generally eligible for public 

assistance. 

References: Section 102(10)(B) of the Stafford Act 

Private Nonprofit (PNP) Facility Eligibility, FEMA Policy 9521.3, dated July 18, 

2007 

Public Assistance Guide, FEMA 322, pages 10, 12, 18 

4 Public Assistance Policy Digest 
 

Permanent Work 

Permanent Work is that which is required to restore a damaged facility, 

through repair or restoration, to its pre-disaster design, function, and capacity 

in accordance with applicable codes and standards. The work is grouped 

into categories (see Categories of Work). 

There are three basic criteria for permanent work: 

 Design: FEMA provides funds to restore a facility to its pre-disaster 

design or to a design in accordance with an applicable standard. If 

a gravel road is washed out during a flood, FEMA cannot provide a 

grant to replace the gravel with a paved surface. 

 Function: The facility must perform the same function that it was 

performing (or designed to perform, if less costly) before the 

disaster. For example, a school gymnasium is in need of repair after 

an earthquake. The school district proposes to convert the space 

into a two-story office complex. Only the repairs to the gym are 

eligible. FEMA cannot provide a grant for the conversion to office 

space, except as an alternate project. 

 Capacity: The restored facility must operate at the capacity 

available before the disaster. For example, a school designed for 

100 students is damaged beyond repair during a hurricane. The 

eligible replacement facility must be designed for no more than 

100 students. FEMA will not reimburse for the cost to build a larger 

school required due to a greater service area or over-utilization of 

space. If code dictates a larger area per unit of capacity (e.g., greater 

square footage per student), only then will FEMA pay to increase 

the size of the building. A large school with greater student capacity 

could be requested as an improved project. 

FEMA may make exceptions to these criteria for Alternate and Improved 

Projects (see Alternate Projects and Improved Projects). 

References: Section 406 of the Stafford Act 

44 CFR §206.201(g) and §206.226 

Public Assistance Guide, FEMA 322, pages 66, 79-87 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

 

 

Pets 

The Stafford Act authorizes FEMA to provide for the rescue, care, shelter, 

and essential needs for household pets and service animals following a major 

disaster. 

State and local governments are the only eligible applicants for sheltering 

and rescuing household pets and service animals. Contractors and PNP 

organizations that shelter or rescue household pets and service animals cannot 

be reimbursed directly. However, they may be reimbursed through an eligible 

State or local government, provided a written statement from an eligible 

applicant is presented in which the applicant verifies that the contractor or 

PNP is performing or has performed sheltering or rescuing operations on 

its behalf and that the expenses are reasonable and documented. 

State and local governments that receive evacuees from areas declared a 

major disaster or emergency also may seek reimbursement for eligible pet 

rescue, sheltering, and evacuation support costs. Reimbursement is through 

mutual aid protocols between the host and impacted State or directly to the 

host State. 

Service animals will be sheltered with their owners in congregate 

shelters. 

References: Section 403(a)(3)(J) of the Stafford Act 

Eligible Costs Related to Pet Evacuations and Sheltering, FEMA Policy 

9523.19, dated October 24, 2007 

Public Assistance Guide, FEMA 322, page 72 

 Public Assistance Policy Digest 
 

Pre-Disaster Design, Function, and Capacity 

The costs of restoring damaged facilities are eligible for public assistance 

funding, but only on the basis of the facility’s Pre-Disaster Design, Function, 

and Capacity. 

Pre-disaster design is defined as the size and capacity of a facility as 

it existed immediately prior to the disaster. There are two restrictions to 

restoration based on the pre-disaster design: 

1. If a facility was being used for lesser purposes than those for which it 

was designed, restoration will only be eligible to the extent necessary 

to restore the immediate pre-disaster use or the pre-disaster design, 

whichever costs less. 

2. If a facility was inactive at the time of the disaster (see Inactive 

Facilities), restoration will not be eligible except in those instances: 

»	 Where the facility was only temporarily inoperative for repairs or 

remodeling 

»	 Where the facility was unoccupied for a short time between tenants 

»	 Active use by the applicant was firmly established in an approved 

budget 

»	 Where the owner can clearly demonstrate to FEMA that there was 

an intent to begin use within a reasonable time 

Cost-effective hazard mitigation projects may alter the pre-disaster design 

of a facility but may be included in the repair, if approved by FEMA (see 

Codes and Standards). 

Pre-disaster function means the function the facility was performing 

immediately prior to the disaster. For example, if a school gymnasium was 

damaged in an earthquake and the school district proposes to convert the 

space into an office complex, only the repairs to return the building to its 

use as a gymnasium would be eligible. The conversion to office space could 

be proposed as an alternate project (see Alternate Projects). 

The restored facility must operate at the capacity available before the 

disaster. For example, if a school with a capacity of 100 students is damaged 

beyond repair, the eligible replacement facility must be designed for no more 

than 100 students. A larger facility with greater capacity could be proposed 

as an improved project (see Improved Projects). 

References: Section 406(e) of the Stafford Act 

44 CFR §206.201(h) and §206.226(k)(1) and (2) 

Public Assistance Guide, FEMA 322, pages 27, 34, 36, 79, 83, 110, 125 

Public Assistance Policy Digest	 7 
 

 

 

 

 

 

 

 

 

 

 

 

Preliminary Damage Assessment (PDA) 

The Preliminary Damage Assessment (PDA) is a joint venture of FEMA, 

the State, and applicants to document the impact and magnitude of the 

disaster on individuals, families, businesses, and public property and to 

gather information for disaster management purposes. The Governor will 

use the information gathered during the PDA process to determine whether 

Federal assistance should be requested and forms the basis for the disaster 

declaration. 

The PDA is conducted once the State determines that the recovery 

effort may be beyond State and local capabilities. State officials will ask the 

appropriate FEMA Regional Office to conduct a joint PDA with State and local 

officials in those areas defined by the State. All the damages or expenses must 

be assigned to the county or independent city in which they occurred, even 

those that belong to State agencies. After the PDA teams have documented 

the damage, the Governor will determine whether to request Federal disaster 

assistance. The Governor may limit the request for assistance or may seek 

the full range of assistance authorized under the type of declaration being 

requested. The Governor’s request is addressed to the President but submitted 

through the appropriate FEMA Regional Administrator. 

References: 44 CFR §206.33 

Public Assistance Guide, FEMA 322, pages 2, 90-91 

 Public Assistance Policy Digest 
 

Private Nonprofit (PNP) Applicant 

A Private Nonprofit (PNP) Applicant must meet FEMA’s eligibility criteria 

for applicants and must have: 

 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 

 State certification that the organization is a non-revenue producing 

nonprofit entity organized or doing business under State law. 

Certain types of PNPs are not required to be open to the public. These are 

educational, utility, emergency, medical, and custodial care services. All other types of 

PNPs are required to be open to the public (see Private Nonprofit (PNP) Facility). 

For PNPs performing an eligible function, assistance includes repair or 

replacement of damaged facilities. PNP organizations may also be eligible for 

emergency protective measures to prevent damage to the facility or its contents 

and for debris removal from its property. 

Operating costs for providing services are not eligible, even if the operating 

costs are increased by the event. Ineligible items include labor, material, and 

equipment costs for providing assistance to disaster victims. This is true even 

if the services are outside the organization’s basic mission. However, some 

eligible emergency protective measures may entail increases in operating costs 

and may be eligible. They are: 

 Cost-effective measures by an eligible PNP applicant to prevent 


damage to eligible facilities for which it is responsible.
 

 With approval by FEMA, incremental increases in costs of operation 

of essential components of a community facility urgently needed for 

emergency health and safety (e.g., the emergency room of a PNP 

hospital or a PNP sewage or water treatment plant). 

 Emergency protective measures accomplished by a PNP organization, 

on request of and certified by the responsible government entity. 

FEMA assistance is through the government entity, not directly to 

the PNP organization. This includes animal control, emergency 

ambulance service for evacuation, PNP fire company rescue activities, 

and other similarly urgent governmental services. 

 Costs otherwise provided for in specific FEMA polices (e.g., certain 

temporary relocation costs). 

Eligible PNPs seeking reimbursement from FEMA for permanent repairs 

and restoration apply for assistance according to whether the facility provides 

“critical” or “non-critical” services (see Private Nonprofit (PNP) Facility – 

Critical Services, and Small Business Administration (SBA)). 

References: Section 406(a)(3) of the Stafford Act 

44 CFR §206.221(f) and §206.222(b) 

Private Nonprofit (PNP) Facility Eligibility, FEMA Policy 9521.3, dated July 18, 

2007 

Public Assistance Guide, FEMA 322, pages 10-20 

Public Assistance Policy Digest  
 

Private Nonprofit (PNP) Facility 

A Private Nonprofit (PNP) Facility must be the responsibility of an eligible 

PNP applicant and provide an essential governmental service. These services 

are: 

 Educational  Zoos 

 Medical  Community Centers 

 Custodial Care  Libraries 

 Emergency  Homeless Shelters 

 Utility  Rehabilitation Facilities 

 Certain Irrigation Facilities  Senior Citizen Centers 

 Museums  Shelter Workshops 

 Performing Arts Facilities  Health and Safety Services of 

 Community Arts Centers a Governmental Nature

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(10) of the Stafford Act 

44 CFR §206.221(e) and (f) and §206.223(b) 

Private Nonprofit (PNP) Facility Eligibility, FEMA Policy 9521.3, July 18, 2007 

Public Assistance Guide, FEMA 322, pages 10-20 

00 Public Assistance Policy Digest 
 

Private Nonprofit (PNP) Facility – 

Critical Services 

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: 

 Power: facilities for generation, transmission, and distribution of 

electric power 

 Water: facilities for the treatment, transmission and distribution 

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). 

 Sewer and Wastewater: facilities for collection, transmission, and 

treatment of wastewater 

 Communications: facilities for transmission, switching and 


distribution of telecommunications traffic
 

 Education: Primary, secondary, and higher education facilities 


(including vocational facilities)
 

 Emergency Medical Care: facilities that provide direct patient care 

including hospitals, clinics, outpatient services, hospices, nursing 

homes, and rehabilitation centers that provide medical care 

 Fire Protection/Emergency Services: 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. 

If an applicant applies for an SBA loan, is approved, and chooses not to 

take the loan, the applicant still may be eligible for funding by FEMA for the 

difference between the offered SBA loan and eligible costs. 

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 Eligibility, FEMA Policy 9521.3, July 18, 2007 

Public Assistance Guide, FEMA 322, pages 13-15 

Public Assistance Policy Digest 0 
 

 

 

 

 

 

 

 

 

 

 

Private Property 

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 

itself 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. 

Debris removal from private property generally is not eligible (see Debris 

Removal and Homeowners’ Associations). 

References: Section 407(b) of the Stafford Act 

44 CFR §206.208 and §206.224 

Public Assistance Guide, FEMA 322, pages 69-71, 73 

0 Public Assistance Policy Digest 
 

Project 

A Project is a logical method of grouping work required as a result of the 

declared event. The applicant, working with the PAC Crew Leader (see Public 

Assistance Coordination (PAC) Crew Leader), 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: 

 A single site, such as a road washout or a damaged building 

 Multiple sites, such as repairs at various locations along a sewer line 

 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 Crew Leader and applicant must 

work together to develop a complete scope of work for each project (see 

Damage Description and 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. 

When the estimated cost of work on a project is less than $1,000, that 

work is not eligible. 

References: 44 CFR §206.201(i) 

44 CFR §206.202(d)(2) 

Public Assistance Guide, FEMA 322, pages 94-104 

Public Assistance Policy Digest 03 
 

 

 

 

 

 

 

 

 

 

 

 

 

Project Approval 

FEMA 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 Administrator. The PA Group Supervisor, 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. 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 

04 Public Assistance Policy Digest 
 

Project Worksheet (PW) 

The Project Worksheet (PW) is a tool used by the applicant and FEMA to 

develop projects (see Project). It is the basis for Public Assistance Program 

funding. The Project Worksheet is used to record the following information: 

 Applicant identification information 

 Facility location 

 Pre-disaster description of the facility and damage description, 

including the cause of damage and dimensions of damage 

 The scope of eligible work necessary to repair the damage or 


perform emergency work
 

 Estimated or actual costs necessary to complete the work 

 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 Damage Description and Scope of Work, Special Considerations, 

Case Management File, Large Projects, and Small Projects.) 

References: Public Assistance Guide, FEMA 322, pages 96-97 

Public Assistance Applicant Handbook, FEMA 323, pages 17-33 

Public Assistance Policy Digest 0 
 

Public Assistance Coordination (PAC) Crew Leader 

At the beginning of the disaster recovery process, a Public Assistance 

Coordination (PAC) Crew Leader is assigned to each applicant. The PAC 

Crew Leader 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 Crew Leader 

ensures continuity of service throughout the delivery of the Public Assistance 

Program. 

The PAC Crew Leader: 

 Meets with the applicant to discuss the program and its application 

to the applicant’s specific needs 

 Works with the applicant to develop projects 

 Obtains the appropriate technical assistance required to write the 

applicant’s Project Worksheets 

 Ensures that projects comply with all applicable laws, regulations, 

and policies 

 Ensures that any Special Considerations associated with a project are 

identified and reviewed 

 Coordinates with the State as necessary to resolve problems 

 Ensures that the Case Management File is maintained 

(See Preliminary Damage Assessment (PDA), Project, Special 

Considerations, and Case Management File.) 

Reference: Public Assistance Guide, FEMA 322, pages 4, 92, 94 

0 Public Assistance Policy Digest 
 

Public Assistance Group Supervisor 

The Public Assistance Group Supervisor, formerly the 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 Public Assistance Group Supervisor: 

 Advises the Federal Coordinating Officer on all PA Program matters 

 Manages the operation of the PA Program staff and any 


coordination between the PA Program and other arms of the 


Federal disaster recovery effort
 

 Works with State counterparts to ensure that the PA Program is 

effective in meeting the needs of applicants 

 Ensures that the PA Program is operating in compliance with all 

laws, regulations, and policies 

Typically, a State official is also designated. The State official 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. 

Reference: Public Assistance Guide, FEMA 322, page 4 

Public Assistance Policy Digest 07 
 

Reasonable Cost 

The definition of cost eligibility states that a cost must be reasonable and 

necessary to be eligible. What is a Reasonable Cost? A cost is reasonable if, 

in its nature and amount, it does not exceed that which would be incurred 

by a prudent person under the circumstances prevailing at the time the 

decision was made to incur the cost. In other words, a reasonable cost is a 

cost that is both fair and equitable for the type of work being performed. 

For example, charging $50/hour for a backhoe is unreasonable when the 

going rate for a backhoe is $25/hour. There are several ways reasonable 

costs are established, such as: 

 Historic documentation for similar work 

 Average costs for similar work in the area 

 Published unit costs from national cost estimating databases 

 FEMA cost codes, equipment rates, and engineering and design 

service curves 

The reasonable cost requirement applies to all labor, materials, equipment, 

and contract costs awarded for the performance of eligible work. 

References: Office of Management and Budget Circulars A-21, A-87, Attachment A.C.2, and 

A-122 

Public Assistance Guide, FEMA 322, pages 40-41, 51 

0 Public Assistance Policy Digest 
 

 

 

 

 

 

 

Reassigned Employee 

A Reassigned Employee is an employee assigned during a disaster to 

perform eligible work that is not part of his/her normal job. The labor cost 

for a reassigned employee is eligible as long as the reassigned employee is 

performing eligible work. For emergency work, only overtime is eligible for 

reassigned employees. For permanent work performed by an applicant, both 

regular and overtime are eligible. 

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. 

The pay rate is based on the reassigned employee’s normal rate of pay, 

not the pay level appropriate to the work. 

References: Labor Costs – Emergency Work, FEMA Policy 9525.7, dated November 16, 

2006 

Public Assistance Guide, FEMA 322, page 43 

Public Assistance Policy Digest 0 
 

 

 

 

 

Rehabilitation Facility 

A Rehabilitation Facility is an eligible Private Nonprofit facility that 

operates for the purpose of assisting the rehabilitation of disabled persons 

through a program of medical evaluation and services, and for psychological, 

social, or vocational evaluation and services that are under competent 

professional supervision. 

The major portion of these services should be furnished in the facility. 

(See Private Nonprofit (PNP) Applicant and Eligible Facility definitions for 

more details.) 

Publicly owned rehabilitation facilities of any kind generally are eligible 

for public assistance. 

References: 44 CFR §206.221(e)(7) 

Private Nonprofit (PNP) Facility Eligibility, FEMA Policy 9521.3, dated July 18, 

2007 

Public Assistance Guide, FEMA 322, pages 11, 12, 16-17, 18 

0 Public Assistance Policy Digest 
 

Relocation, Permanent 

An applicable Federal, State, or local standard, such as a floodplain 

management regulation, may require that a damaged facility be relocated 

away from a hazardous area. Permanent Relocation of a facility may also be 

required by FEMA if the facility is subject to repetitive heavy damage because 

of its location. In either case, the relocation project will only be approved 

if it is cost effective when project costs are compared with future damages, 

and not barred by any other FEMA regulations or policies. Generally, the 

project will be cost effective only if the damage is severe enough that the 

facility qualifies for replacement. 

Eligible costs included in a relocation project include: 

 Demolition and removal of the old facility 

 Land acquisition 

 Construction of the new facility 

 Ancillary facilities, such as roads and utilities 

When a relocation project is approved, no future Public Assistance funding 

for the repair or replacement of any facility subsequently built at the old 

site will be approved. An exception is given for facilities or structures that 

facilitate an open space use. Examples include minimal facilities for a park, 

such as benches, tables, restrooms, or minor gravel roads. 

If relocation is not desirable, feasible, or cost effective, and restoration 

of the facility in its original location is not practicable or allowed because 

of floodplain, environmental, or other considerations or laws, then the 

applicant may request that the funding be applied to an alternate project 

(see Alternate Projects). 

References: 44 CFR §206.226(g) 

Permanent Relocation, FEMA Policy 9580.102, dated November 2, 2006 

Public Assistance Guide, FEMA 322, pages 39-40 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

 

 

Relocation, Temporary 

When buildings that house essential community services, such as school 

classrooms, police and fire department facilities, government offices, and 

certain private nonprofit functions, such as critical health facilities, are 

damaged extensively enough that they cannot be used until repairs are made, 

Temporary Relocation of the essential services may be necessary. Criticality of 

the service and safety of the facility are the factors used to determine the need 

for temporary relocation. The costs associated with temporary relocation are 

eligible but are subject to cost comparisons of alternate methods of providing 

facilities. Maintenance, utilities and operating costs of the temporary facility 

are not eligible. 

The decision whether to rent or purchase space and equipment must be 

based on cost effectiveness. The length of time that rental or purchase costs 

are eligible will be based on the time estimated to complete repair work that 

will bring the damaged facility to pre-disaster design. Normally, the period of 

time for which temporary relocation assistance may be provided is 6 months, 

based on the regulatory time limitation for the completion of emergency work 

(44 CFR 206.204(c)). Extensions are possible if the applicant can document 

extenuating circumstances and the progress required by FEMA policy (see 

Time Limits). 

References: Section 403(a)(3)(D) of the Stafford Act 

Provision of Temporary Relocation Facilities, FEMA Policy 9523.3, dated July 

16, 1998 

Medical Care and Evacuations, FEMA Policy 9525.4, dated August 17, 1999 

Public Assistance Guide, FEMA 322, pages 38-39, 73, 138-139 

 Public Assistance Policy Digest 
 

 

 

 

 

 

 

Repair or Replacement 

FEMA will restore an eligible facility to its pre-disaster 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 whether replacement is eligible. The repair cost does not 

include codes and standards upgrades, demolition, site work, or applicable 

project management costs. 

Repair Cost1 

IF < 50% THEN only the repair cost is eligible Replacement Cost2 

Repair Cost1 

IF ≥ 50% THEN the replacement cost is eligible Replacement Cost2 

1. Repair cost includes only those repairs, including non-emergency mold 

remediation, associated with the damaged components and the codes 

and standards that apply to the repair of the damaged components. 

The cost does not include upgrades of other components triggered by 

codes and standards, design associated with upgrades, demolition of the 

entire facility, site work, or applicable project management costs. The 

cost of contents and hazard mitigation measures is not included in the 

repair cost. 

2. Replacement cost includes the costs for all work necessary to provide 

a new facility of the same size or design capacity and function as the 

damaged facility in accordance with all current applicable codes and 

standards. The cost does not include demolition, site work, applicable 

project management costs, cost of contents, and hazard mitigation 

measures. 

References: Section 406(a) of the Stafford Act 

44 CFR §206.226(f) 

Eligibility of Facilities for Replacement (The 50% Rule), FEMA Policy 9524.4, 

dated September 24, 1998 

Public Assistance Guide, FEMA 322, pages 36-38, 83 

Public Assistance Policy Digest 3 
 

 

 

 

 

 

 

 

 

 

 

Request for Public Assistance (RPA) 

The Request for Public Assistance (RPA) is the form a public or private 

nonprofit organization uses to apply for disaster assistance. Using the RPA, 

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 

RPA to determine if an applicant is eligible for public assistance. 

The RPA, which includes instructions for completion, must be submitted 

to the State emergency management official, generally the State Public 

Assistance Officer, within 30 days of the date of declaration or designation 

of the area (county, parish, etc.) for Public Assistance. The form may be 

submitted at the Applicants’ Briefing, by mail, by fax, or electronically. Once 

submitted, the RPA becomes part of the Case Management File. 

Potential applicants may obtain a copy of the RPA from the State 

emergency management organization, through FEMA’s Internet website, 

or at the Applicants’ Briefing. 

(See Eligible Applicants, Private Nonprofit (PNP) Applicant and Case 

Management File.) 

References: 44 CFR §206.202(c)
 

Public Assistance Guide, FEMA 322, pages 92, 93
 

4 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

Roads 

Roads (paved, gravel, and dirt) that are the responsibility of an eligible 

applicant 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 pre-disaster 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 route 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. 

(See Categories of Work.) 

References: Section 102(9)(B) of the Stafford Act 

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

Public Assistance Guide, FEMA 322, pages 20, 21, 25-26, 66, 68, 79-82 

Public Assistance Policy Digest  
 

 

 

 

 

 

 

 

 

 

Seismic Safety 

Executive 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. See FEMA Policy 9527.1, Seismic 

Safety – New Construction, for details on appropriate 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 November 21, 

2007 

Public Assistance Guide, FEMA 322, page 35 

 Public Assistance Policy Digest 
 

Sequence of Events 

The following list outlines the general Sequence of Events during a disaster. 

This sequence may vary based on the circumstances of the disaster. 

 Disaster occurs 

 Local response – emergency operations center activation -

declaration of state of emergency 

 Continue emergency work – maintain records (labor, equipment, 

materials, and contracts) 

 Compile initial estimated damage. Report to State emergency 

management agency 

 Evaluate needs and request State/Federal assistance 

 Federal/State survey of need – Preliminary Damage Assessment 

 Governor’s request for Federal assistance 

 Presidential declaration 

 Designate applicant’s agent 

 Attend Applicants’ Briefing and submit a Request for Public Assistance 

 Attend Kickoff Meeting with Public Assistance Coordination (PAC) 

Crew Leader – discuss project formulation 

 Prepare Project Worksheets – work with the PAC Crew Leader 

 Address applicable Special Considerations (floodplain management, 

insurance, hazard mitigation and compliance with environmental 

and historic preservation laws) 

 Complete application for Federal funds 

 Maintain required documentation (labor, equipment, materials, and 

contracts) 

 Receive payment of small projects - for Federal share and possibly 

State share 

 Complete approved disaster work within time allowed 

 Request final inspections 

 Submit documents for final inspection, program review, and 

close-out 

 Receive reimbursement – final payment on large projects 

 Keep all documentation for 3 years from date of final Financial 

Status Report, or follow State and applicant record retention 

policies if they require retention beyond 3 years 

Public Assistance Policy Digest 7 
 

 

 

 

 

Shelter Workshops 

Shelter Workshops are Private Nonprofit (PNP) organizations that create 

products utilizing the skills of disabled persons. They must be available to the 

general public. An example might be an industry offering work opportunities 

for blind individuals. 

This definition does not apply to shelters established for disaster 

victims. 

References: 44 CFR §206.221(e)(7) 

Private Nonprofit (PNP) Facility Eligibility, FEMA Policy 9521.3, dated July 18, 

2007 

Public Assistance Guide, FEMA 322, pages 11, 12, 18 

 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

 

 

 

 

Small Business Administration (SBA) 

Eligible 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 certain 

non-emergency medical facilities and other miscellaneous governmental 

services. (Critical services include power, water [including certain irrigation 

facilities], sewer and wastewater, communications, emergency medical care, 

fire protection and emergency services.) (See Private Nonprofit (PNP) 

Facility, Private Nonprofit (PNP) Facility-Critical Services, and Irrigation 

Facilities.) The SBA loan application process for “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 under the PA Program, then the PNP may 

apply to FEMA for the difference. 

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. 

If an applicant applies for an SBA loan, is approved, and chooses not to 

take the loan, the applicant still may be eligible for funding by FEMA for the 

difference between the offered SBA loan and eligible costs. 

Non-critical PNP facilities may apply directly to FEMA for their emergency 

work while applying at the same time to the SBA for their permanent work. 

PNP facilities providing critical services are not required to apply to SBA but 

rather may apply directly to FEMA for all their eligible work. 

References: Section 406(a)(3) of the Stafford Act 

44 CFR §206.221(e) and 206.226(c) 

Public Assistance Guide, FEMA 322, pages 13-15 

Public Assistance Policy Digest  
 

Small State and Rural Advocate (SSRA) 

The Small State and Rural Advocate (SSRA) promotes the fair treatment of 

small population States and rural communities in the provision of assistance 

under the Stafford Act. Among the duties of the SSRA are: 

 Assisting small population States in the preparation of requests for 

major disasters and emergency declarations, and 

 Participating in the major disaster and emergency declaration 


process.
 

Reference: Section 326 of the Stafford Act 

0 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

Small Projects 

Two 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, 2008, the threshold is set at $60,900. 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 the Federal share to the applicant as soon as 

practicable 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, or 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. 

(See also Appeals.) 

References: Section 422 of the Stafford Act 

44 CFR §206.203(c)(2) and §206.205(a) 

Public Assistance Guide, FEMA 322, pages 95, 96, 106-108, 109, 113, 137, 

140, 141 

Public Assistance Policy Digest  
 

Snow Removal Assistance 

Snow Removal Assistance is eligible for Federal assistance provided 

that: 

 The snowfall is of record or near record 

 The response is beyond the State and local government capabilities 

 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 

when the snow depth is a near-record amount. 

Snow removal assistance will be provided for a continuous 48-hour time 

period to address the most critical emergency needs. The 48-hour period 

may begin at a time other than when the storm actually began. The applicant 

will designate the beginning of its 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, salting, sanding, and related emergency 

work performed during the 48-hour period are eligible. The provisions of 44 

CFR, Section 206.228 (a)(4) on Force Account Labor Costs apply. 

At the time of publication of this Digest, FEMA is preparing to change 

the eligibility criteria for snow removal assistance. 

References: 44 CFR §206.227 

Snow Assistance Policy, FEMA Policy 9523.1, dated December 28, 1999 

Public Assistance Guide, FEMA 322, page 76 

 Public Assistance Policy Digest 
 

Special Considerations 

FEMA uses the term Special Considerations to describe issues other 

than program eligibility that could affect the scope of work and funding 

for a project. These issues include insurance, hazard mitigation measures, 

and environmental and historic preservation compliance with Federal laws, 

regulations, and Executive Orders. 

To expedite the approval of grant funds, FEMA strives to identify and 

resolve Special Considerations issues as early in the recovery process as 

possible. To accomplish this objective: 

 Teams work to identify Special Considerations during the 


Preliminary Damage Assessment (see Preliminary Damage 


Assessment (PDA))
 

 FEMA meets with the State and other agencies that might be 

involved in Special Considerations to outline strategies for resolving 

Special Considerations issues 

 The PAC Crew Leader (see Public Assistance Coordination 

(PAC) Crew Leader) works with the applicant to identify Special 

Considerations issues as early as possible in the project formulation 

process 

 FEMA provides Specialists to review Special Considerations issues at 

the Joint Field Office 

The applicant has a critical role in the identification and quick resolution 

of Special Considerations issues. By being aware of the way in which these 

issues can affect projects, the applicant can assist FEMA by identifying the 

issues as early as possible and providing the information necessary for 

review. 

(See Floodplain Management, Insurance, Flood Insurance, Hazard 

Mitigation–Section 406, National Environmental Policy Act (NEPA), and 

National Historic Preservation Act (NHPA).) 

Reference: Public Assistance Guide, FEMA 322, pages 115-136 

Public Assistance Policy Digest 3 
 

 

 

 

 

Stafford Act 

The Stafford Act: The Robert T. Stafford Disaster Relief and Emergency 

Assistance Act, 42 U.S.C. §5121 et seq. as amended, authorizes financial 

and other forms of assistance to State and local governments and certain 

Private Nonprofit organizations 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 i, 1, 7, Appendix A 

4 Public Assistance Policy Digest 
 

State Administrative Plan 

The State is required to develop a State Administrative Plan to administer 

the Public Assistance (PA) Program. The Plan shouldinclude the designationof 

responsibilities for State agencies and include staffing for the PA Program. 

The State Administrative Plan should also include procedures for: 

 Notifying potential applicants 

 Conducting Applicants’ Briefings 

 Assisting FEMA in determining applicant eligibility 

 Participating in the damage assessment and project application 

processes 

 Processing appeals 

 Compliance with 44 CFR Parts 13 and 206 

 Compliance with audit requirements 

 Processing advances of funds and reimbursement 

 Determining staffing and budget requirements 

 Determining applicant amount or percentage for management cost 

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. 

Reference: 44 CFR §13.11 and §206.207 

Public Assistance Policy Digest  
 

State Management of Disasters 

The State Management of Disasters (SMD) initiative allows a capable State 

or Tribal government (or Alaska Native Village) acting as its own Grantee to 

manage the Public Assistance field operation, including project eligibility 

reviews, process control, and resource allocation on small disasters. The 

participating State or Tribe enters into an Operational Agreement with FEMA, 

which entrusts many aspects of program management to the State. FEMA 

retains obligation authority, ensures compliance with environmental and 

historic laws, participates in quality control reviews, and provides technical 

assistance as requested. 

Candidate disasters are disasters that warrant a major disaster declaration 

by the President, but are limited in scope and size as defined by the 

following: 

 Infrastructure damage up to $2 per capita Statewide, or 

 Limited to debris removal and emergency protective measures 

For a State, Tribe, or Alaska Native Village to be eligible to manage a 

disaster under this initiative, it must meet the following criteria: 

 Recent disaster experience 

 Adequate staff 

 SMD Addendum to the State Administrative Plan for Public 


Assistance
 

 Fiscal accounting system that can track specific projects, prepare for 

and undergo audit, and be used to evaluate appeals 

 Established record of having met deadlines for grant management 

activities 

 Approval by FEMA 

For Additional information regarding Indian Tribal governments and 

Alaska Native Villages, see Indian Tribal Governments. 

Reference: Public Assistance Guide, FEMA 322, pages 5-6 

 Public Assistance Policy Digest 
 

State Role 

FEMA and the State work as partners to deliver the Public Assistance (PA) 

Program. The State Role is as follows: 

 Working with FEMA to manage the program 

 Providing technical support and assistance to applicants 

 Ensuring that potential applicants are educated about the PA 

Program and are aware that the assistance is available 

 Supporting project identification, to include project formulation 

and small project validation 

 Submitting documents necessary for award of grant assistance 

 Providing grant funds to applicants 

 Administering and monitoring the grants 

 Submitting large project accounting and small project completion 

certification to FEMA 

Reference: 44 CFR §206.202(b) 

Public Assistance Policy Digest 7 
 

 

 

 

 

 

Stumps 

Normally, damaged trees requiring removal are cut flush at the ground. 

However, when a disaster uproots a tree or stump (i.e., 50% or more of the 

root ball is exposed) on a public right-of-way, improved public property, or 

improved property owned by certain private nonprofit organizations, and the 

exposed root ball poses an immediate threat to life, public health, and safety, 

FEMA may provide assistance to remove (i.e., extract, transport, dispose of, 

and provide fill for the root cavity of) an eligible uprooted tree or stump. 

When eligible, stump removal must be accomplished by the most 

economical means. 

Damaged trees on private property rarely meet the public interest standard 

because they do not affect the public at large and generally are not the legal 

responsibility of a State or local government. Trees are the responsibility of 

the property owner. 

There are size requirements. Those requirements and other limitations 

on the eligibility of stump removal are described in FEMA Policy 9523.11, 

Hazardous Stump Extraction and Removal Eligibility. 

(See also Trees, Shrubs, and Other Ground Cover.) 

References: Hazardous Stump Extraction and Removal Eligibility, FEMA Policy 9523.11, 

dated May 15, 2007 

Public Assistance Guide, FEMA 322, pages 68-69 

 Public Assistance Policy Digest 
 

Subgrantee 

The 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: 

 Must identify its damages to the State and FEMA 

 Should attend the Applicants’ Briefing to learn about the necessary 

paperwork to apply for Federal assistance and documentation 

required for the Project Worksheet process 

 Should submit a Request for Public Assistance at the Applicants’ 

Briefing or not later than 30 days after designation of the County 

 Is responsible for providing documentation and personnel to work 

with FEMA and the State in the damage assessment and project 

application processes 

 Is responsible for completing its recovery actions 

 Is accountable to the grantee for the use of the funds provided by 

FEMA 

References: 44 CFR §13.3, §13.37, and §206.201(l)
 

Public Assistance Guide, FEMA 322, pages 9-22
 

Public Assistance Policy Digest  
 

 

 

 

 

 

Tax Assessments 

Following disasters, State and local governments may conduct Tax 

Assessments to reassess real property values within their jurisdictions. 

Although property reassessments may be the legal responsibility of the 

applicant following a disaster, they are not eligible for reimbursement under 

the Stafford Act because the reassessments are neither essential to meeting 

an immediate threat to life or improved property nor connected with the 

permanent restoration of eligible facilities. 

References: Sections 403 and 406 of the Stafford Act 

44 CFR §206.223 

Post-Disaster Property Tax Assessment, FEMA Policy 9525.1, dated November 

30, 1998 

30 Public Assistance Policy Digest 
 

 

 

 

 

 

Technical Assistance Contractors (TAC) 

FEMA 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 other services, such as reviewing insurance 

policies and settlements, historical and environmental reviews, and debris 

monitoring. 

Public Assistance Policy Digest 3 
 

 

 

 

 

 

 

Temporary Employees 

Temporary Employees are extra personnel hired as a direct result of 

the disaster to perform eligible work. An example of a temporary employee 

would be a laborer hired to perform repairs to roads damaged during the 

disaster. 

Regular and overtime labor costs are eligible for both emergency and 

permanent work performed by temporary employees when they are doing 

eligible work. 

Seasonally employed personnel, when covered under existing budgets and 

used for a disaster during the normal season of employment, are considered 

permanent employees for the purpose of cost eligibility. If they are employed 

outside their normal season, they are considered temporary employees. 

References: Sections 406(a)(2)(C) and 406(f)(5) of the Stafford Act 

Public Assistance Guide, FEMA 322, page 43 

3 Public Assistance Policy Digest 
 

 

 

 

 

 

 

 

Time Limits 

FEMA has established Time Limits for requesting assistance and for 

completing work using Public Assistance Program grants. 

Requesting Assistance 

 An applicant must submit a Request for Public Assistance within 30 days 

of the date that the area was designated a disaster area 

 Information on damaged facilities must be submitted to FEMA 

within 60 days of the first substantive meeting, usually the Kickoff 

Meeting 

 An applicant may appeal any FEMA decision to the State 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. 

Type of Work Months After Designation 

Debris Clearance 6 

Emergency Protective Measures 6 

Permanent Work 18 

Time Extensions 

All time frames are set by regulation; however, if extenuating circumstances 

or unusual project conditions exist, a time extension may be requested 

through the State. If not changing the scope of work or cost, the State 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 State must request the extension from FEMA. The 

Regional Administrator may extend the time limitation beyond the State 

authority. 

The Regional Administrator also may extend the time limitations for 

submitting a Request for Public Assistance and for identifying and reporting 

damage to FEMA if the State justifies and makes the request in writing. A 

justification must be based on extenuating circumstances beyond the State’s 

or applicant’s control. 

References: 44 CFR §206.202, §206.204, and §206.206(c) 

Public Assistance Guide, FEMA 322, pages 38-39, 113, 138-139, 141 

Public Assistance Policy Digest 33 
 

Trees, Shrubs, and Other Ground Cover 

Trees, Shrubs, and Other Ground Cover are not eligible for replacement 

under the Public Assistance Program. This policy applies to trees and shrubs 

in recreational areas, such as parks, as well as trees and shrubs associated with 

public facilities, such as those located in the median strips along roadways 

and as landscaping for public buildings. Grass and sod are eligible only when 

necessary to stabilize slopes and minimize sediment runoff. 

This policy does not affect removal of tree debris or the removal of trees 

as emergency protective measures. FEMA will reimburse for the removal 

of tree debris and the removal of eligible trees (or uprighting and bracing, 

if less costly) as emergency protective measures if the removal does one of 

the following: 

 Eliminates an immediate threat to lives, public health, and safety; or 

 Eliminates the immediate threats of significant damage to improved 

public or private property. 

However, FEMA will not pay further costs or reimburse for the replacement 

of uprighted or braced trees. 

If the trees themselves are the facility (e.g., a sewage filtration system), 

FEMA may determine them as eligible. 

References: Trees, Shrubs, and Other Plantings Associated with Facilities, FEMA Policy 

9524.5, dated July 18, 2007 

Public Assistance Guide, FEMA 322, page 87 

34 Public Assistance Policy Digest 
Typical Utilities include: 

 Water treatment plants and delivery systems 

 Power generation and distribution facilities, including natural gas 

systems, wind turbines, generators, substations, and power lines 

 Sewage collection systems and treatment plants 

 Communications 

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 video inspection of sewer lines. However, if damage is 

discovered during a random survey, FEMA will provide funds for inspecting 

the section of the utility line in which the damage was found. If disasterrelated damage is evident, FEMA may pay for inspections to determine the 

extent of the damage and method of repair. 

While FEMA may pay for restoration of damaged utilities, FEMA does 

not provide funds for increased operating expenses resulting from a disaster 

or for lost revenue 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 

(e.g., providing a temporary sewage facility or temporary arrangements to 

bypass a damaged facility). (See Categories of Work.) 

References: 44 CFR §206.221(e)(2) and (h) and §206.226 

Public Assistance Guide, FEMA 322, pages 10, 18, 21, 54-55, 66, 85 

Public Assistance Policy Digest 3 

Utilities
 

 

 

 

 

 

 

Validation 

FEMA must ensure that public assistance grants comply with all applicable 

laws, regulations, and policies. When an applicant prepares and submits 

small Project Worksheets (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 

complete, accurate scopes of work; that the work and costs included in the 

Project Worksheets are eligible for Public Assistance; that the cost estimates are 

accurate and reasonable; 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. The sample(s) will not include projects 

that have Special Considerations; they are considered separately. 

At the beginning of the recovery process, the applicant’s PAC Crew Leader 

(see Public Assistance Coordination (PAC) Crew Leader) 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 Crew Leader 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 96, 106-108 

3 Public Assistance Policy Digest 
 

Vector Control 

 

 

 

 

 

 

Vector Control measures may be eligible for PA Program assistance in 

the disaster area as emergency protective measures when there is a serious 

health hazard. FEMA may provide reimbursement for such costs at the written 

request of the State or local public health officials. Verification of the threat 

by the Federal Centers for Disease Control or State and local health agencies 

in accordance with established ordinances is required. 

FEMA may reimburse short-term abatement costs that are in excess of 

usual costs. The eligible costs are calculated by comparing the disasterrelated costs to the most recent 3 non-disaster years of expenses for the 

same period. 

References: 44 CFR §206.225(a)(3)(i) 

Eligibility of Vector Control (Mosquito Abatement), FEMA Policy 9523.10, dated 

September 12, 2006 

Public Assistance Guide, FEMA 322, pages 55, 74 

Public Assistance Policy Digest 37 
 

 

 

 

 

 

Water Control Facilities 

Water Control Facilities are those facilities built for the following 

purposes: 

 Channel alignment 

 Recreation 

 Navigation 

 Land reclamation 

 Maintenance of fish and wildlife habitat 

 Interior drainage 

 Irrigation 

 Erosion prevention 

 Flood control 

They include: dams and reservoirs, levees, lined and unlined engineered 

drainage channels, canals, aqueducts, sediment basins, shore protective 

devices, irrigation facilities (although PNP irrigation facility eligibility is 

limited), and pumping facilities. 

Public assistance eligibility is limited for facilities built specifically for flood 

control (e.g., dams, levees, and flood control channels) (see Flood Control 

Works). Those built for other purposes as listed above are evaluated as any 

other eligible facility. (See Categories of Work.) 

References: Section 102(9)(A) of the Stafford Act 

44 CFR §206.221(h) 

Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, 

FEMA Policy 9524.3, dated August 17, 1999 

Public Assistance Guide, FEMA 322, pages 66, 82-83 

3 Public Assistance Policy Digest 
Topic References 

Topic 

Policy 

Digest 

Stafford 

Act 44 CFR 

Other 

Regulations Policy and Other PA Guide 

44 CFR 1 7-8, Apps. 

B & C 

Administrative 

Allowance, 

Grantee 

(Declarations 

before 

11/13/07) 

2 207.9(b)(1) 9525.11 Payment of Contractors 

for Grant Management Tasks 

(4/22/01) 

64-65 

Administrative 

Allowance, 

Grantee 

(Declarations 

on or after 

11/13/07) 

3 324 207 

Administrative 

Allowance, Subgrantee 

(Declarations 

before 

11/13/07) 

4 207.9(b)(2) 62-64 

Alternate 

Projects 

5 406(c) 206.203(d)(2) 79, 111­

112, 134 

Americans with 

Disabilities Act 

(ADA) 

6 206.226(d) 36 CFR Part 

1190 

28 CFR Part 

35 

9525.5 Americans with Disabilities 

Act (ADA) Access Requirements 

(10/26/00) 

35-36 

Animal Control 7 Private Nonprofit (PNP) Facility 

Eligibility, FEMA Policy 9521.3, 

(7/18/07) 

Eligible Costs Related to Pet 

Evacuations and Sheltering, FEMA 

Policy 9523.19 (10/24/07) 

12, 19, 72 

Appeals 8 423 206.206 109, 

112-114 

Applicants’ 

Briefing 

9 64, 91-92 

Art 10 9524.6 Collections and Individual 

Objects (8/17/99) 

84 

Audits 11 318 705 14.1, 14.2 

206.207(c) 

OMB Circular 

A-133 

141-142 

Beaches 12 206.226(i) 74, 86-87 

Bridges 13 102(9) 206.221(h) 

206.226(a) 

206.226(d) 

25, 79-82 

Building 

Inspection 

14 403 9523.2 Eligibility of Building 

Inspections in a Post-Disaster 

Environment (6/23/98) 

76 

Buildings 15 102(9) 

and (10) 

206.221(e) 

and (h) 

206.226 

9525.5 Americans with Disabilities 

Act (ADA) Access Requirements 

(10/26/00) 

9527.1 Seismic Safety -New 

Construction (11/21/07) 

66, 83-85 

Public Assistance Policy Digest 3 
 

Topic References (continued) 

Topic 

Policy 

Digest 

Stafford 

Act 44 CFR 

Other 

Regulations Policy and Other PA Guide 

Case 16 94 

Management 

File 

Categories of 

Work 

17 66-87 

Coastal Barrier 

Resources Act 

(CBRA) 

18 406(e) Part 206, 

Subpart J 

133-134 

Codes and 

Standards 

19 406(e) 206.221(i) 

206.226(d) 

33-36, 79, 

83, 125 

Community Arts 

Centers 

20 102(10) 

(B) 

Private Nonprofit (PNP) Facility 

Eligibility, FEMA Policy 9521.3 

(7/18/07) 

10, 12, 18 

Community 

Centers 

21 206.221(e)(7) 9521.1 Community Center 

Eligibility (8/11/98) 

10, 12, 18, 

19-20 

9521.3 Private Nonprofit Facility 

Eligibility (7/18/07) 

Community 

Disaster Loans 

22 417 Part 206, 

Subpart K 

Contracts 23 Part 13 OMB Circular 

A-102, 

41 U.S.C. 

PA Debris Management Guide, 

FEMA 325, 93-104 

28, 42, 51­

53, 104 

403(11) 

Cost Codes 24 41, 104 

Cost Estimate 25 206.202(d) 96, 103-106 

Cost Estimating 

Format (CEF) 

26 105-106 

Cost Overrun 27 206.204(e) 109, 113, 

140 

Cost Share 28 403(b) 

406(b) 

503(a) 

206.65 

206.203(b) 

3, 10, 24, 

51, 56, 64­

65, 91, 108, 

109, 110, 

111, 112 

Damage 

Description and 

Scope of Work 

29 206.202(d) 96, 97, 100, 

101-102, 

105, 109, 

139-140 

Davis-Bacon Act 30 13.36(i)(5) 44 

40 Public Assistance Policy Digest 
 

Topic References (continued) 

Policy Stafford Other 

Topic Digest Act 44 CFR Regulations Policy and Other PA Guide 

Debris Removal 31 403 206.224 9523.11 Stump Removal – 20-21, 29, 

407 Extraction (5/15/07) 66, 67-71 

9523.12 Debris Operations – 

Hand-Loaded Trucks and Trailers 

(5//1/06) 

9523.13 Debris Removal from 

Private Property (7/18/07) 

PA Debris Management Guide, 

FEMA 325 

9580.4 Debris Operations – 

Clarification, Fact Sheet (1/19/01) 

9580.200 Debris Removal from 

Private Property, Fact Sheet 

(10/21/05) 

9580.201 Debris Removal 

Applicant Checklist, Fact Sheet 

(4/10/06) 

9580.202 Debris Removal 

Authorities of Federal Agencies, 

Fact Sheet (1/27/07) 

9580.203 Debris Monitoring, Fact 

Sheet (5/3/07) 

Debris Salvage 32 9525.12 Disposition of Equipment, 50 

Supplies and Salvaged Materials 

(8/29/00) 

Declarations 33 102(1) 206.31-48 2-3 

102(2) 

Title IV 

Title V 

Demolition 34 403 206.225 9523.4 Demolition of Private 39, 69, 73, 

406 206.226 Structures (7/18/07) 91, 119, 

407 131, 133 

Designated 35 206.2 (a)(6) 30 

Disaster Area 206.40 

206.223(a)(2) 

Direct Federal 36 206.208 9523.9 100% Funding for Direct 76-78 

Assistance Federal Assistance and Grant 

Assistance (6/09/06) 

Donated 37 403 13.24 OMB Circular 9525.2 Donated Resources 56 

Resources A-87 (4/9/07) 

Duplication of 38 312 206.226(a)(1) 9525.3 Duplication of Benefits 41-42 

Benefits Non-Government Funds (7/24/07) 

Educational 39 102(9) 206.221(a) 10, 11, 12, 

Facilities 102(10) 206.221(e) 13, 15-16 

206.226(a)(2) 

Eligibility 40 206 Subpart 7-65 

H 

Eligible 41 102(4) 206.201(a) 9-22 

Applicants 102(7) 206.221(f) 

206.221(g) 

206.222 

Eligible Costs 42 311 206.228 OMB 40-65 

312 206.250-253 Circulars A403 21, A-87, and 

406 A-122 

418 

419 

Title V 

Public Assistance Policy Digest 4 
 

Topic References (continued) 

Policy Stafford Other 

Topic Digest Act 44 CFR Regulations Policy and Other PA Guide 

Eligible Facility 43 102(9) 206.201(c) 22-28 

and (10) 206.221(e) 

206.221(h) 

206.226(j)(1) 

Eligible Work 44 206.223(a) 29-40 

Emergency 45 9523.6 Mutual Aid Agreements 51 

Management for Public Assistance and 

Assistance Fire Management Assistance 

Compact (8/13/07) 

(EMAC) 

Emergency 46 403 and 226.201(b) 66, 71-74 

Protective 424 206.225 

Measures 

Endangered 47 129, 130 

Species Act 

(ESA) 

Engineering and 48 41, 56-61 

Design Services 

Equipment 49 13.32 OMB 9525.8 Damage to Applicant 48-50, 66, 

13.33 Circulars Owned Equipment (8/17/99) 83-85 

206.226(f) 

206.228(a)(1) 

A¬21, A-87, 

A-110, and 

A-122 

9525.12 Disposition of Equipment, 

Supplies and Salvaged Materials 

(8/29/00) 

Equipment 50 206.228(a) See also www. fema.gov/ 41, 44, 48, 

Rates government/grant/pa/eqrates. 49, 84, 103 

shtm 

Erosion 51 

Expedited 52 407(e) 90-91 

Payments 

Facilities Under 53 406(e)(4) 28 

Construction 

Federal-Aid 54 102(9) 206.221(h) Emergency 25-26, 68, 

Roads 312 206.226(a) Relief Manual 80 

(Federal-Aid 

Highways), 

August 2003 

update of 

FHWA-PD-98­

054 

FEMA-State 55 206.44 

Agreement 

Fire 56 420 

Management 

Assistance 

Flood Control 57 312 206.224 9524.3 Policy for Rehabilitation 24-25, 82 

Works 206.225 Assistance for Levees and Other 

206.226(a) Flood Control Works (8/17/99) 

Flood Insurance 58 311 206.250-253 9530.1 Retroactive Application of 119, 

312 LOMA or LOMR to Infrastructure 120-122 

406 Grants (8/8/00) 

Floodplain 59 406(d) Part 9 Executive FEMA 258/May 1995 Guide to 120, 

Management Order 11988 Flood Maps 135-136 

Fringe Benefits 60 406(a)(2) OMB 45-47 

(C) Circulars A406(f)(5) 21, A-87, and 

A-122 

4 Public Assistance Policy Digest 
 

Topic References (continued) 

Topic 

eotechnical 

tudy 

Policy 

Digest 

Stafford 

Act 44 CFR 

Other 

Regulations Policy and Other 

9524.2 Landslides and Slope 

Failures (5/23/06) 

PA Guide 

61 67, 81-82 

rant Closure 62 13.50 OMB Circular 

A-110 

8610.8 Public Assistance (PA) 

Program Grants Administration Post 

Award Monitoring and Closeout 

Processes (8/29/06) 

114 

rant 

anagement 

W 

63 Part 13 

207.9(b)(1) 

OMB Circular 

A-87 

9525.11 Payment of Contractors 

for Grant Management Tasks 

(4/22/01) 

9525.14 Public Assistance Grantee 

Administrative Costs (11/07/06) 

65 

rantee 64 206.201(e) 

206.202(b) 

3, 5, 9-10 

azard 

itigation, 

ection 404 

65 404 HMGP Desk Reference, FEMA 345 115, 116, 

124-125 

azard 

itigation, 

ection 406 

66 406(e) 206.201(f) 

206.226(e) 

9526.1 Hazard Mitigation Funding 

Under Section 406 (Stafford Act) 

(7/30/07) 

115, 116, 

124-127 

omeless 

helters 

67 206.221(e)(7) 9521.3 Private Nonprofit Facility 

Eligibility (7/18/07) 

11, 12, 18 

omeowners’ 

ssociations 

68 20-21 

mmediate 

eeds Funding 

INF) 

69 90-91 

mmediate 

hreat 

70 403 206.221(c) 26, 38, 66­

67, 71, 76 

mproved 

rojects 

71 206.203(d)(1) 79, 110-111 

mproved 

roperty 

72 206.201(c) 

206.221(d) 

66, 67, 74 

nactive 

acilities 

73 206.226(k) 

(2) 

26-27 

ncident Period 74 29-30 

ndian Tribal 

overnments 

75 102(7) Part 13 

206.202(f)(1) 

206.222(c) 

9521.4 Administering American 

Indian and Alaska Native Tribal 

Government Funding (4/30/07) 

9524.8 Eligibility for Permanent 

Repair and Replacement of Roads 

on Tribal Lands (7/24/07) 

3, 5, 9­

10, 25 

nsurance 76 311 

312 

403 

406 

206.250-253 9525.3 Duplication of Benefits – 

Non-Government Funds (7/24/07) 

Insurance Responsibilities for 

Field Personnel, FEMA Fact Sheet 

9580.2 

Insurance Considerations for 

Applicants, FEMA Fact Sheet 

9580.3 

40, 41, 70, 

83, 119-123 

rrigation 

acilities 

77 102(9) & 

(10) 

206.221(e) 

(3) 

9521.3 Private Nonprofit Facility 

Eligibility (7/18/07) 

10, 12, 13, 

18, 20, 

21, 82 

ickoff Meeting 78 206.202(d)(ii) 89, 90, 94, 

96, 107, 

111 

G

S

G

G

M

P

G

H

M

S

H

M

S

H

S

H

A

I

N

(

I

T

I

P

I

P

I

F

I

I

G

I

I

F

K

Public Assistance Policy Digest 43 
 

Topic References (continued) 

Topic 

Labor Costs 

Policy 

Digest 

Stafford 

Act 44 CFR 

Other 

Regulations Policy and Other 

9525.7 Labor Costs-Emergency 

Work (11/16/06) 

PA Guide 

79 406 206.221(b) 

206.228(a)(2) 

42-47 

Landslides 80 9524.2 Landslides and Slope 

Failures (5/23/06) 

81-52 

Large Projects 81 422 206.203(c)(1) 

206.205(b) 

95, 96, 98, 

105, 109, 

140, 141 

Legal 

Responsibility 

82 206.223 9524.8 Eligibility for Permanent 

Repair and Replacement of Roads 

on Tribal Lands (7/24/07) 

23, 30-31 

Libraries 83 102(10) 

(B) 

206.226(i) 9521.3 Private Nonprofit Facility 

Eligibility (7/18/07) 

10, 12, 18 

Materials 84 OMB 

Circulars 

A¬21, A-87, 

and A-122 

9525.12 Disposition of Equipment, 

Supplies and Salvaged Materials 

(8/29/00) 

48 

Mold 85 9580.100 Mold Remediation Fact 

Sheet (11/07/06) 

32-33, 83 

Museums 86 102(10) 206.221(e)(7) 9521.2 Private Nonprofit Museum 

Eligibility (8/17/99) 

9521.3, Private Nonprofit Facility 

Eligibility (7/18/07) 

9524.6 Collections and Individual 

Objects (8/17/99) 

10, 12, 

18, 84 

Mutual Aid 

Agreement 

87 9523.6 Mutual Aid Agreements 

for Public Assistance and 

Fire Management Assistance 

(8/13/07) 

50-51 

National 

Environmental 

Policy Act 

(NEPA) 

88 316 Part 10 40 CFR Parts 

1500-1508 

9560.1 Environmental Policy 

Memoranda (8/17/99) 

128-130 

National Historic 

Preservation Act 

(NHPA) 

89 36 CFR 800 

Section 106 

of the NHPA 

9560.3 Model Programmatic 

Agreement-Historic Review 

(5/29/02) 

130-131 

Negligence 90 206.223(e) 31-32 

Other Federal 

Agencies 

91 102(8) 

312 

206.226(a) 9523.7 Public Housing Authorities 

(4/14/03) 

9524.8 Eligibility for Permanent 

Repair and Replacement of Roads 

on Tribal Lands (7/24/07) 

9524.3 Policy for Rehabilitation 

Assistance for Levees and Other 

Flood Control Works (8/17/99) 

23-26, 28, 

41, 44 

Parks, 

Recreational 

Areas, and 

Other Facilities 

92 102(9) 206.221(e) 

206.221(h) 

20, 66, 68, 

86-87 

Payment of 

Claims 

93 13.21 

206.205 

108-109 

Performing Arts 

Facilities 

94 102(10) 

(B) 

Private Nonprofit (PNP) Facility 

Eligibility, FEMA Policy 9521.3 

(7/18/07) 

10, 12, 18 

Permanent Work 95 406 206.201(g) 

206.226 

66, 79-87 

44 Public Assistance Policy Digest 
 

 

Topic References (continued) 

Topic 

Pets 

Policy 

Digest 

Stafford 

Act 44 CFR 

Other 

Regulations Policy and Other 

9523.19 Eligible Costs Related 

to Pet Evacuations and Sheltering 

(10/24/07) 

PA Guide 

96 403(a)(3) 

(J) 

72 

Pre-Disaster 

Design 

97 406(e) 206.201(h) 

206.226(k) 

(1) and (2) 

27, 34, 36, 

79, 83, 110, 

125 

Preliminary 

Damage 

Assessment 

(PDA) 

98 206.33 2, 90-91 

Private 

Nonprofit (PNP) 

Applicant 

99 406(a)(3) 206.221(f) 

206.222(b) 

9521.3 Private Nonprofit (PNP) 

Facility Eligibility (7/18/07) 

10-20 

Private Nonprofit 

(PNP) Facility 

100 102(10) 206.221(e) 

and (f) 

206.223(b) 

9521.3 Private Nonprofit (PNP) 

Facility Eligibility (7/18/07) 

10-20 

Private 

Nonprofit (PNP) 

Facility – Critical 

Services 

101 406(a)(3) 206.221(e) 

206.223(b) 

9521.3 Private Nonprofit (PNP) 

Facility Eligibility (7/18/07) 

13-15 

Private Property 102 407(b) 206.208 

206.224 

69-71, 73 

Project 103 206.201(i) 

206.202(d)(2) 

94-104 

Project Approval 104 206.201(j) 

206.202 

Project 

Worksheet (PW) 

105 Public Assistance Applicant 

Handbook, FEMA 323, 17-33 

96-97 

Public 

Assistance 

Coordination 

(PAC) Crew 

Leader 

106 4, 92, 94 

Public 

Assistance 

Group 

Supervisor 

107 4 

Reasonable 

Cost 

108 OMB 

Circulars A21, A-87, 

Attach. A.C.2, 

and A-122 

40-41, 51 

Reassigned 

Employee 

109 9525.7 Labor Costs – Emergency 

Work (11/16/06) 

43 

Rehabilitation 

Facility 

110 206.221(e)(7) 9521.3 Private Nonprofit Facility 

Eligibility (7/18/07) 

11, 12, 16­

17, 18 

Relocation, 

Permanent 

111 206.226(g) 9580.102 Permanent Relocation 

(11/2/06) 

39-40 

Relocation, 

Temporary 

112 403(a)(3) 

(D) 

9523.3 Provision of Temporary 

Relocation Facilities (7/16/98) 

9525.4 Medical Care and 

Evacuations (8/17/99) 

38-39, 73, 

138-139 

Repair or 

Replacement 

113 406(a) 206.226(f) 9524.4 Eligibility of Facilities for 

Replacement (The 50% Rule) 

(9/24/98) 

36-38, 83 

Public Assistance Policy Digest 4 
 

Topic References (continued) 

Topic 

Request 

for Public 

Assistance 

(RPA) 

Policy 

Digest 

Stafford 

Act 44 CFR 

Other 

Regulations Policy and Other PA Guide 

114 206.202(c) 92, 93 

Roads 115 102(9)(B) 206.221(h) 

206.226(a) 

206.226(d) 

20, 21, 25­

26, 66, 68, 

79-82 

Seismic Safety 116 323 Executive 

Order 12699 

9527.1 Seismic Safety -New 

Construction (11/21/07) 

35 

Sequence of 

Events 

117 

Shelter 

Workshops 

118 206.221(e)(7) 9521.3 Private Nonprofit (PNP) 

Facility Eligibility (7/18/07) 

11, 12, 18 

Small Business 

Administration 

(SBA) 

119 406(a)(3) 206.221(e) 

206.226(c) 13-15 

Small Projects 120 422 206.203(c)(2) 

206.205(a) 

95, 96, 106­

108, 109, 

113, 137, 

140, 141 

Small State and 

Rural Advocate 

(SSRA) 

121 326 

Snow Removal 

Assistance 

122 206.227 9523.1 Snow Assistance Policy 

(12/28/99) 

76 

Special 

Considerations 

123 115-136 

Stafford Act 124 i, 1, 7, 

App. A 

State 

Administrative 

Plan 

125 13.11 

206.207 

State 

Management of 

Disasters 

126 5-6 

State Role 127 206.202(b) 

Stumps 128 9523.11 Hazardous Stump 

Extraction and Removal Eligibility 

(05/15/07) 

68-69 

Subgrantee 129 13.3 

13.37 

206.201(l) 

9-22 

Tax 

Assessments 

130 403 406 206.223 9525.1 Post-Disaster Property Tax 

Assessment (11/30/98) 

Technical 

Assistance 

Contractors 

(TAC) 

131 

Temporary 

Employee 

132 406(a)(2) 

(C) and 

406(f)(5) 

43 

4 Public Assistance Policy Digest 
 

Topic References (continued) 

Topic 

Policy 

Digest 

Stafford 

Act 44 CFR 

Other 

Regulations Policy and Other PA Guide 

Time Limits 133 206.202 38-39, 113, 

206.204 138-139, 

206.206(c) 141 

Trees, Shrubs, 

and Other 

Ground Cover 

134 9524.5 Trees, Shrubs and Other 

Plantings Associated with Facilities 

(7/18/07) 

87 

Utilities 135 206.221(e)(2) 

206.221(h) 

206.226 

10, 18, 

21, 54-55, 

66, 85 

Validation 136 96, 106-108 

Vector Control 137 206.225(a)(3) 

(i) 

9523.10 Eligibility of Vector Control 

(Mosquito Abatement) (9/12/06) 

55, 74 

Water Control 

Facilities 

138 102(9)(A) 206.221(h) 9524.3 Policy for Rehabilitation 

Assistance for Levees and Other 

Flood Control Works (8/17/99) 

66, 82-83 

Public Assistance Policy Digest 47 
4 Public Assistance Policy Digest 
 

Index 

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

50% Rule (see Repair or Replacement)
 

Administrative Allowance, Grantee (Declarations before 


November 13, 2007) ....................................................................................... 2
 

Administrative Allowance, Grantee (Declarations on or after 


November 13, 2007) ....................................................................................... 3
 

Administrative Allowance, Subgrantee (Declarations before 


November 13, 2007) ....................................................................................... 4
 

Agricultural Land (see Improved Property) 


Alternate Projects............................................................................................ 5
 

Alternate Use Facility (see Eligible Facility)
 

Americans with Disabilities Act (ADA).......................................................... 6
 

Animal Control ............................................................................................... 7
 

Appeals ............................................................................................................ 8
 

Applicants’ Briefing ........................................................................................ 9
 

Architecture and Engineering Studies (see Engineering and Design 


Services)
 

Art .................................................................................................................. 10
 

Audits............................................................................................................. 11
 

Beaches.......................................................................................................... 12
 

Bridges........................................................................................................... 13
 

Building Inspection ...................................................................................... 14
 

Buildings........................................................................................................ 15
 

Case Management File.................................................................................. 16
 

Categories of Work........................................................................................ 17
 

Coastal Barrier Resources Act (CBRA)........................................................ 18
 

Codes and Standards .................................................................................... 19
 

Community Arts Centers .............................................................................. 20
 

Public Assistance Policy Digest 4 
 

Community Centers...................................................................................... 21
 

Community Disaster Loans .......................................................................... 22
 

Contracts ....................................................................................................... 23
 

Cost Codes..................................................................................................... 24
 

Cost Estimate................................................................................................. 25
 

Cost Estimating Format (CEF)..................................................................... 26
 

Cost Overrun................................................................................................. 27
 

Cost Share...................................................................................................... 28
 

Critical Services (see Private Nonprofit (PNP) Facility – Critical Services)
 

Culverts (see Roads)
 

Damage Description and Scope of Work .................................................... 29
 

Davis-Bacon Act............................................................................................. 30
 

Deadlines (see Time Limits)
 

Debris Removal ............................................................................................. 31
 

Debris Salvage ............................................................................................... 32
 

Declarations................................................................................................... 33
 

Demolition .................................................................................................... 34
 

Designated Disaster Area.............................................................................. 35
 

Direct Costs (see Eligible Costs)
 

Direct Federal Assistance.............................................................................. 36
 

Donated Equipment (see Donated Resources)
 

Donated Resources ....................................................................................... 37
 

Duplication of Benefits................................................................................. 38
 

Educational Facilities.................................................................................... 39
 

Eligibility........................................................................................................ 40
 

Eligible Applicants ........................................................................................ 41
 

0 Public Assistance Policy Digest 
 

Eligible Costs................................................................................................. 42
 

Eligible Facility .............................................................................................. 43
 

Eligible Work................................................................................................. 44
 

Emergency Management Assistance Compact (EMAC) ............................ 45
 

Emergency Communications (see Direct Federal Assistance)
 

Emergency Protective Measures .................................................................. 46
 

Emergency Public Transportation (see Direct Federal Assistance)
 

Emergency Work (see Debris Removal and Emergency Protective 


Measures)
 

Endangered Species Act (ESA).................................................................... 47
 

Engineering and Design Services ................................................................ 48
 

Environmental Review (see National Environmental Policy Act NEPA) and 


Endangered Species Act (ESA))
 

Equipment..................................................................................................... 49
 

Equipment Rates........................................................................................... 50
 

Erosion........................................................................................................... 51
 

Expedited Payments ..................................................................................... 52
 

Facility (see Eligible Facility)
 

Facilities under Construction....................................................................... 53
 

Federal-Aid Roads......................................................................................... 54
 

FEMA-State Agreement ................................................................................ 55
 

Fire Management Assistance........................................................................ 56
 

Flood Control Works .................................................................................... 57
 

Flood Insurance ............................................................................................ 58
 

Floodplain Management .............................................................................. 59
 

Force Account (see Labor Costs and Equipment Rates)
 

Fringe Benefits .............................................................................................. 60
 

Public Assistance Policy Digest  
 

Gated Communities (see Homeowners’ Associations)
 

Geotechnical Study ....................................................................................... 61
 

Grant (see Payment of Claims)
 

Grant Closure................................................................................................ 62
 

Grant Processing (see Payment of Claims)
 

Grant Management PW................................................................................ 63
 

Grantee.......................................................................................................... 64
 

Grass (see Trees, Shrubs and other Ground Cover)
 

Hazard Mitigation, Section 404 ................................................................... 65
 

Hazard Mitigation, Section 406 ................................................................... 66
 

Historic Preservation (see National Historic Preservation Act (NHPA))
 

Homeless Shelters......................................................................................... 67
 

Homeowners’ Associations........................................................................... 68
 

Immediate Needs Funding (INF)................................................................ 69
 

Immediate Threat......................................................................................... 70
 

Improved Projects......................................................................................... 71
 

Improved Property........................................................................................ 72
 

Inactive Facilities........................................................................................... 73
 

Incident Period ............................................................................................. 74
 

Indian Tribal Governments.......................................................................... 75
 

Insurance....................................................................................................... 76
 

Irrigation Facilities........................................................................................ 77
 

Kickoff Meeting............................................................................................. 78
 

Labor Costs.................................................................................................... 79
 

Landslides...................................................................................................... 80
 

Large Projects................................................................................................ 81
 

 Public Assistance Policy Digest 
 

Legal Responsibility ...................................................................................... 82
 

Levees (see Flood Control Works)
 

Libraries......................................................................................................... 83
 

Materials ........................................................................................................ 84
 

Mission Assignments (see Direct Federal Assistance)
 

Mitigation (see Hazard Mitigation, Section 406)
 

Mold............................................................................................................... 85
 

Mosquito Abatement (see Vector Control)
 

Museums........................................................................................................ 86
 

Mutual Aid Agreement................................................................................. 87
 

National Environmental Policy Act (NEPA) ............................................... 88
 

National Historic Preservation Act (NHPA) ............................................... 89
 

Negligence..................................................................................................... 90
 

Other Federal Agencies................................................................................ 91
 

Overtime (see Labor Costs)
 

Parks, Recreational Areas, and Other Facilities.......................................... 92
 

Payment of Claims ........................................................................................ 93
 

Performing Arts Facilities............................................................................. 94
 

Permanent Work........................................................................................... 95
 

Pets................................................................................................................. 96
 

Pre-Disaster Capacity (see Permanent Work)
 

Pre-Disaster Design ....................................................................................... 97
 

Preliminary Damage Assessment (PDA) ..................................................... 98
 

Private Nonprofit (PNP) Applicant ............................................................. 99
 

Private Nonprofit (PNP) Facility................................................................ 100
 

Private Nonprofit (PNP) Facility – Critical Services ................................. 101
 

Public Assistance Policy Digest 3 
 

Private Property........................................................................................... 102
 

Programmatic Agreement (see National Historic Preservation Act 


(NHPA))
 

Project.......................................................................................................... 103
 

Project Approval ......................................................................................... 104
 

Project Worksheet (PW)............................................................................. 105
 

Public Assistance Coordination (PAC) Crew Leader................................ 106
 

Public Assistance Group Supervisor .......................................................... 107
 

Reasonable Cost.......................................................................................... 108
 

Reassigned Employee ................................................................................. 109
 

Rehabilitation Facility................................................................................. 110
 

Relocation, Permanent............................................................................... 111
 

Relocation, Temporary ............................................................................... 112
 

Repair or Replacement............................................................................... 113
 

Request for Public Assistance (RPA) ......................................................... 114
 

Roads ........................................................................................................... 115
 

Salvage (see Debris Salvage and Equipment)
 

Sanitation Systems (see Utilities)
 

Schools (see Educational Facilities)
 

Scope of Work (see Damage Description and Scope of Work)
 

Seismic Safety .............................................................................................. 116
 

Senior Citizen Centers (see Eligible Applicants and Private Nonprofit 


(PNP) Facility)
 

Sequence of Events ..................................................................................... 117
 

Shelter Workshops ...................................................................................... 118
 

Small Business Administration (SBA) ....................................................... 119
 

Small Projects.............................................................................................. 120
 

4 Public Assistance Policy Digest 
 

Small State and Rural Advocate (SSRA).................................................... 121
 

Snow Removal Assistance ........................................................................... 122
 

Special Considerations ............................................................................... 123
 

Stafford Act.................................................................................................. 124
 

State Administrative Plan ........................................................................... 125
 

State Management of Disasters .................................................................. 126
 

State Role..................................................................................................... 127
 

Stumps ......................................................................................................... 128
 

Subgrantee .................................................................................................. 129
 

Tax Assessments .......................................................................................... 130
 

Technical Assistance Contractors (TAC)................................................... 131
 

Temporary Employees ................................................................................ 132
 

Time Limits ................................................................................................. 133
 

Trees, Shrubs, and Other Ground Cover .................................................. 134
 

Unit Prices (see Cost Codes)
 

Utilities ........................................................................................................ 135
 

Validation .................................................................................................... 136
 

Vector Control............................................................................................. 137
 

Volunteer Labor (see Donated Resources)
 

Water Control Facilities .............................................................................. 138
 

Zoo (see Eligible Applicants and Private Nonprofit (PNP) Facility)
 

Public Assistance Policy Digest