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Public AssistancePolicy DigestFEMA 321 / January 2008

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Introduction

A undamental principle o the Public Assistance (PA) Program is that

it will operate much more e ectively or all participants when everyoneshares a common understanding o the program bene ts, expectations, andprocedures.

To support this idea, FEMA has undertaken an e ort to provide theState, Tribal, and local partners with more and better in ormation about the PA Program. Through the Internet, newly published materials, trainingopportunities, and the production o a standard Applicants Brie ng package,FEMA wants to ensure that all participants have the tools to do their part inobtaining and administering public assistance unding.

As part o this e ort, FEMA has produced this digest o PA Programpolicies. The Public Assistance Policy Digest is intended to be an easy to-read, easy to use, brie summary o the basic policies that govern the PA Program. It is available in hard copy and on the FEMA website ( www. ema.gov/government/grant/pa/). While the digest is primarily intended orthose un amiliar with the terms and provisions o the program, it also may serve as a re erence or those with more knowledge o the program. Becausethis policy digest is not exhaustive, either in topics or in detail, in ormation

should be veri ed with FEMA PA Program o cials be ore becoming thebasis or decision making.

Please direct suggestions regarding improvements to the program andthis publication to:

James A. WalkeDirectorPublic Assistance Division, 4th FloorFederal Emergency Management Agency

500 C Street, SW Washington, D.C. 20472

Carlos J. Castillo

Assistant AdministratorDisaster Assistance DirectorateFederal Emergency Management Agency
http://www.fema/http://www.fema/

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Acronyms

ADA Americans with Disabilities Act

CBRA Coastal Barrier Resources Act CBRS Coastal Barrier Resources SystemCEF Cost Estimating Format

CFR Code o Federal RegulationsDHS Department o Homeland Security DRM Disaster Recovery Manager

EMAC Emergency Management Assistance Compact ER Emergency Relie ProgramESA Endangered Species Act

FCO Federal Coordinating O cerFEMA Federal Emergency Management Agency

FHWA Federal Highway AdministrationGAR Governors Authorized Representative

HMGP Hazard Mitigation Grant ProgramHUD Department o Housing and Urban Development ICS Incident Command SystemINF Immediate Needs Funding

JFO Joint Field O ceNEPA National Environmental Policy Act

NFIP National Flood Insurance Program

NHPA National Historic Preservation Act OMB O ce o Management and Budget

PA Public AssistancePDA Preliminary Damage Assessment PNP Private Nonpro t

PW Project Worksheet RA Regional Administrator (FEMA)

RPA Request or Public AssistanceSBA Small Business AdministrationSCO State Coordinating O cer

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SFHA Special Flood Hazard Area

SHPO State Historic Preservation O cerSMD State Management o DisastersSSRA Small State and Rural Advocate

TAC Technical Assistance ContractorTHPO Tribal Historic Preservation O cerUSACE U.S. Army Corps o Engineers

USFWS U.S. Fish and Wildli e Service

Incident Command System (ICS) Titles orPublic Assistance Positions (PA)*

Former Title New Title

In rastructure Branch Chie PA In rastructure BranchDirector/Deputy

Public Assistance O fcer (PAO) PA Group Supervisor

Deputy Public Assistance O fcer(DPAO)** PA Task Force Leader

Public Assistance Coordinator (PAC) PAC Crew Leader

Project O fcer (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 SpecialistResource 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 o 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 DamageAssessment, Estimating, Environmental/Historical, Private Nonproft, Quality Assurance)

***** Position added to ensure the planning unction is addressed until ur ther ICSimplementation has been achieved.

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Table o Contents

Introduction

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

Contents

Administrative Allowance, Grantee: Declarations be ore

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

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

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

Administrative Allowance, Grantee: Declarations on or a ter

November 13, 2007 ......................................................................................... 3 Administrative Allowance, Subgrantee: Declarations be ore November 13, 2007 ......................................................................................... 4

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

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

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

Appeals ............................................................................................................ 8 Applicants Brie ng ........................................................................................ 9

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

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

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

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

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

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

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

Categories o Work........................................................................................ 17

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

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

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

Community Centers...................................................................................... 21

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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 o Work .................................................... 29

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

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

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

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

Demolition .................................................................................................... 34Designated Disaster Area.............................................................................. 35

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

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

Duplication o Bene ts................................................................................. 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

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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 Bene ts .............................................................................................. 60Geotechnical 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

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Incident Period ............................................................................................. 74

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

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

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

Kicko Meeting............................................................................................. 78

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

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

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

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

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

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

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

Museums........................................................................................................ 86Mutual 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 o Claims ........................................................................................ 93

Per orming Arts Facilities ............................................................................. 94

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

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

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

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

Private Nonpro t (PNP) Applicant ............................................................. 99

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Private Nonpro t (PNP) Facility................................................................ 100

Private Nonpro t (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 ............................................................................... 112Repair or Replacement............................................................................... 113

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

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

Seismic Sa ety .............................................................................................. 116

Sequence o 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

Sta ord Act.................................................................................................. 124

State Administrative Plan ........................................................................... 125

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State Management o 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 .............................................................................. 138Topic Re erences......................................................................................... 139

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

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44 CFR

Title 44 o the Code o Federal Regulations ( 44 CFR ) Emergency

Management and Assistance contains rules, policies and procedures that have been issued by FEMA in the orm o regulations that are applicableto, among other things, the implementation and administration o Federaldisaster assistance programs by FEMA. Most o the regulations applicable toFEMAs disaster assistance programs are ound in Part 206 o 44 CFR and thoseapplicable to the Public Assistance (PA) Program are contained in SubpartsG, H and I. The regulations set orth in Parts 9 (Floodplain Management and Protection o the Wetlands), 10 (Environmental Considerations), 13(Common Rule o Grant Administration), and 14 (Administration o

Grants: Audits o State and Local Governments) o 44 CFR are also applicableto projects unded under the PA Program.

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

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Administrative Allowance, Grantee:Declarations be ore November 3, 007

The Sta ord Act stipulates that each grant recipient be provided an Administrative

Allowance(Statutory Administrative Costs) to meet the cost o administering the grant.The allowance is calculated di erently or grantees and subgrantees and covers di erent costs or each. The administrative allowance or grantees covers only overtime, perdiem, and travel (including local travel) expenses or State employees who participatein the administration o public assistance grants. Examples o administrative activitiescovered by the allowance include:

Conducting Applicants Brie ngs

Field inspections

Preparation o damage assessments and cost estimates

Working with Applicants

Project monitoring, nal inspections, processing o appeals and audits

It does not cover regular time labor costs, equipment purchases, contractorassistance, or other costs directly associated with grants administration. The allowanceis calculated as a percentage o the Federal share o public assistance unds actually awarded in the State or a given disaster (except or unds provided in the StateManagement Project Worksheet ). These unds include the Federal share o all grantsto both the State and local Applicants and the administrative allowances or all thelocal Applicants in the State (see also Administrative Allowance, Subgrantee). Thepercentage is calculated using a sliding scale, as ollows:

Federal Share of Eligible Costs Allowance

First $100,000 3 percent

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

Next $4,000,000 1 percent o that $4,000,000Funds in excess o $5,000,000 percent o the excess

The State does not need to submit any documentation to receive its administrativeallowance, but records need to be kept on how the unds were spent (see Audits).The unds are automatically calculated by FEMAs computer system when project applications are processed and orwarded to the State.

For disasters declared be ore November 13, 2007, the State may also be eligibleor additional grant management costs (seeGrant Management PW ).

Re erences: 44 CFR 207.9(b)(1)Payment o Contractors or Grant Management Tasks, FEMA Policy 9525.11,dated April 22, 2001Public Assistance Guide, FEMA 322, pages 64-65


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Administrative Allowance, Grantee:Declarations on or a ter November 3, 007

The Sta ord Act stipulates that grantees may request management costs

or the purpose o the grantees and subgrantees administration o disasterassistance at the State and local level. The maximum amount o undingor grant management that may be requested is a set percentage o the

Federal share o assistance granted in a disaster or emergency. The initialmanagement cost rate is set at 3.34 percent or disasters declared on or a terNovember 13, 2007. The rate or emergencies is set a 3.90 percent. This rate

will cover management costs o both grantees and subgrantees, with thegrantee to determine the portion distributed to subgrantees. This rate willbe reviewed not later than November 13, 2010 and periodically therea ter.

The allowance includes unding or indirect costs, any administrativeexpenses and other expenses that are reasonably incurred and are not directly chargeable to a speci c project. The State will not receive any separate

unding or State Management Administrative Costs (known as the StateManagement Project Worksheet) and reimbursement or State indirect costs

or disasters on or a ter November 13, 2007.

For disasters declared be ore November 13, 2007, the allowance describedon the previous page will continue to apply. For expenditures beyond 8

years rom a disaster declaration date or beyond 2 years rom an emergency declaration date, special restrictions may apply. See 44 CFR 207.9.

Records must be kept on how the unds were spent.

Re erences: Section 324 o the Sta ord Act44 CFR Part 207

Public Assistance Policy Digest 3

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Administrative Allowance, Subgrantee:Declarations be ore November 3, 007

For disasters declared on or a ter November 13, 2007, see Administrative

Allowance, Grantee: Declarations on or a ter November 13, 2007 .For disasters declared be ore November 13, 2007, the ollowing provisions

apply. The Sta ord Act stipulates that each grant recipient be provided an Administrative Allowance (Statutory Administrative Costs) to meet the cost o administering the grant. The administrative allowance or subgrantees coversdirect and indirect costs incurred in requesting, obtaining, and administeringpublic assistance. Examples o the activities that the allowance is intendedto cover include:

Identi ying damage Attending the Applicants Brie ngCompleting orms necessary to request assistanceEstablishing les and providing copies and documentation

Assessing damage, collecting cost data and developing cost estimates Working with the State during project monitoring, nal inspection,and auditsPreparing or audits

The allowance is not intended to cover direct costs o managing speci cprojects that are completed using public assistance unds. For example, the

wages o a oreman on the site o a repair project would be a direct cost associated with that project. These costs are eligible as part o the grant oreach project, as long as they can be speci cally identi ed and justi ed asnecessary or the work.

The allowance is calculated as a percentage o total eligible costs that areapproved or the subgrantee in a given disaster.

Total Eligible Costs Allowance

First $100,000 3 percent

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

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

Funds in excess o $5,000,000 percent o the excess

The subgrantee is not required to submit documentation or its administrative

allowance, but records need to be kept on how the unds were spent (see Audits ). The unds are automatically calculated by FEMAs computer system when project applications are processed and orwarded to the State.

Re erences: 44 CFR Part 207.9(b)(2)Public Assistance Guide, FEMA 322, pages 62-64


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Alternate Projects

Occasionally an applicant may determine that the public wel are would not

be best served by restoring a damaged acility or its unction using FEMA unds.This usually occurs when the service provided by the acility is no longer needed,although the acility was still in use at the time o the disaster. Under thesecircumstances, the applicant may apply to FEMA to use the eligible unds oran Alternate Project . Alternate projects include:

Repair or expansion o other public acilities

Construction o new public acilities

Demolition o the original structure

Purchase o capital equipment

Funding o cost e ective hazard mitigation measures in the areaa ected by the disaster

Funding project short alls due to mandatory NFIP reductions on applicant buildings in foodplains

Supplemental unds used on an improved project

The alternate project option may be proposed or both small and largeprojects, but only or permanent restoration projects located within the declareddisaster area. All requests or alternate projects must be made within 12 monthso the Kicko Meeting and approved by FEMA prior to construction.

Alternate projects or governmental entities are eligible or 90 percent o theapproved Federal share o the estimated eligible costs associated with repairingthe damaged acility to its pre-disaster design, or o the approved Federal shareo the actual costs o completing the alternate project, whichever is less. Alternateprojects or PNP entities are eligible or 75 percent o the approved Federalshare, or o the approved Federal share o the actual costs o completing thealternate project, whichever is less.

The proposed alternate project may not be located in the regulatory foodway and will have to be insured i located in the 100-year foodplain (seeInsurance).Funding may not be used or operating costs or to meet the State or local sharerequirement on other public assistance projects or projects that utilize otherFederal grants. Section 406 Hazard Mitigation unds cannot be applied to analternate project (see Hazard Mitigation, Section 406). FEMA must ensure

that the proposed projects are an appropriate use o unds and comply withenvironmental and historic preservation laws.

Re erences: Section 406 (c) o the Sta ord Act44 CFR 206.203(d)(2)Public Assistance Guide, FEMA 322, pages 79, 111-112, 134


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Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) applies to restoration o

damaged acilities under the Sta ord Act. ADA requires that any buildingor acility that is accessible to the public or any residence or workplace beaccessible to and useable by disabled persons.

When FEMA provides assistance to replace a damaged acility, theacility must meet applicable access requirements. FEMA will provide unds

to comply with ADA when replacing a acility, whether or not the acility met compliance prior to the disaster. However, a new acility unded asan alternate or improved project is limited to the eligible unding or theoriginal acility even when the new acility has to comply with additional

ADA requirements.

For buildings eligible or repair, FEMA will und the cost o ADA compliance requirements to the damaged elements o the acility. In addition,FEMA may und ADA compliance requirements or non damaged elementsassociated with a path o travel or a primary unction area that is damaged. A primary unction area is where a major activity occurs or which the acility isintended, such as the dining area o a ca eteria. For primary unction areas,FEMA will und ADA compliance requirements or providing an accessible

travel path and service acilities up to 20 percent o the total cost o repairto the primary unction area.

Non damaged areas o a damaged acility are not required to meet ADA requirements unless they are part o the travel path or service acility to adamaged primary unction area, as described above.

Applicants noti ed o an ADA violation prior to the disaster and requiredto bring the acility into compliance are not eligible to receive FEMA undingto comply with accessibility requirements related to that violation.

Re erences: 44 CFR 206.226(d)36 CFR Part 119028 CFR Part 35American with Disabilities Act (ADA) Access Requirements, FEMA Policy 9525.5, dated October 26, 2000Public Assistance Guide, FEMA 322, pages 35-36


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Animal Control

A private Nonpro t (PNP) Animal Control acility may be eligible or

FEMA assistance when it provides health and sa ety services o a governmentalnature. There are three areas o potential assistance:

Permanent Repair o the acility to the extent that the repairs aredirectly related to the control o animals posing an immediate threat to the public health and sa ety, or to the care o pets o disastershelterees (see Pets )

Emergency protective measure to prevent damage to the acility tothe extent that the acility is otherwise eligible or assistance

Emergency protective measures to locate, pick up, shelter, and careor animals that are pets o shelterees, or pose a threat to the public

health and sa ety (i.e., dangerous animals), i the service is doneunder contract with the State or local government or is done by thegovernmental entity itsel . Essential needs (e.g., inoculations), costso veterinary sta or emergency treatment, and supplies and spacein excess o normal requirements may be eligible as emergency protective measures or the animals arriving at the acility.

Publicly owned animal control acilities are generally eligible orassistance.

Re erences: Private Nonproft (PNP) Facility Eligibility, FEMA Policy 9521.3, dated July 18,2007Eligible Costs Related to Pet Evacuations and Sheltering, FEMA Policy 9523.19, dated October 24, 2007Public Assistance Guide, FEMA 322, pages 12, 19, 72


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Appeals

The Appeals process is the opportunity or applicants to request

reconsideration o decisions regarding the provision o assistance. Thereare two levels o appeal. The rst level appeal is to the FEMA Regional Administrator. The second level appeal is to the Assistant Administrator at FEMA Headquarters.

Typical appeals involve the ollowing:

An entity is not an eligible applicant

A acility, an item o work, an item o cost, or a project is not eligibleor disaster assistance

Approved costs are less than the applicant believes are necessary tocomplete the work

A requested time extension was not granted

A portion o the cost claimed or the work is not eligible

The applicant disagrees with the approved Scope o Work on theProject Worksheet

The applicant incurs a signi cant net small project overrun (seeSmall Projects )

The Applicant must le an appeal with the Grantee within 60 days o receipt o notice o the action or decision being appealed. However, anappeal or a signi cant net small project overrun must be led within 60days o completion o the applicants last small project.

Re erences: Section 423 o the Sta ord Act44 CFR 206.206Public Assistance Guide, FEMA 322, pages 109, 112-114


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Applicants Briefng

An Applicants Briefng is a meeting conducted by a representative o the

State or all potential applicants or public assistance grants. The brie ngoccurs a ter an emergency or major disaster has been declared and addressesapplication procedures, administrative requirements, unding, and programeligibility criteria.

The State representative is responsible or noti ying each potentialapplicant o the date, time, and location o the brie ng. The size o thedisaster area and the number o possible applicants determine whether morethan one brie ng is held.

FEMA personnel should participate in the brie ing to clari y issuesregarding:

Eligibility

Floodplain management

Insurance requirements

Environmental and historic preservation considerations

Federal procurement standardsMitigation

Representatives o potentially eligible Private Nonpro t organizationsshould attend the brie ng.

To obtain the maximum bene t rom the in ormation presented at thebrie ng, each applicant should send delegates representing management,public works, and accounting/ nance.

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


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Art

Art or other culturally signi cant collections or objects may be damaged

or destroyed when museums or other eligible acilities, either publicly ownedor owned by a Private Nonpro t organization, are involved in disasters. Thesecollections and objects, by their very nature, generally are one o a kind andthus cannot be replaced. There ore, replacement o destroyed collectionsor objects is not an eligible cost.

FEMA may, however, und stabilization measures. Stabilization involvestaking the minimum steps necessary to return a collection or object to acondition in which it can unction in the same capacity as it did prior to thedisaster. FEMAs Preservation O cer, in consultation with the applicant andthe State, will use pro essional judgment to determine i additional treatment beyond stabilization is necessary to maintain the integrity o the collectionor object and return it to its pre disaster unction.

For example, i a sculpture in a public museum alls rom a shel during anearthquake, breaking into many pieces, FEMA will not replace the sculpturebut will pay to stabilize the sculpture or display purposes.

Re erences: Collections and Individual Objects, FEMA Policy 9524.6, dated August 17,1999Public Assistance Guide, FEMA 322, page 84

0 Public Assistance Policy Digest

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Audits

Public Assistance Program grant recipients are required to comply with the

provisions set orth under the Single Audit Act o 1984, as amended in 1996.The act requires grant recipients expending $500,000 or more in Federalunds in a scal year ending a ter December 31, 2003 to per orm a single

audit or program speci c audit in accordance with O ce o Management and Budget (OMB) Circular A 133, Audits or States, Local Governments,and Nonpro t Organizations.

Even though a single audit must be per ormed, grant recipients also aresubject to additional audits by the DHS O ce o Inspector General andState auditors. Speci c documentation and procedures are based on therequirements o the Federal OMB. The OMB requires grant recipients tomaintain nancial and program records or 3 years beyond the date o the

nal status report, or as required by the grantees standard record retentionpolicy i that policy requires retention beyond the 3 year requirement.

Typically, Applicants will be in ormed o audit requirements during the Applicants Brie ng. Any questions a ter the brie ng regarding the singleaudit, or audits in general, should be directed to the appropriate State o cialor the DHS O ce o the Inspector General.

Re erences: Sections 318 and 705 o the Sta ord Act44 CFR 14.1, 14.2, and 206.207(c)O fce o Management and Budget Circular A-133Public Assistance Guide, FEMA 322, pages 141-142


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Beaches

Emergency placement o sand on natural or engineered Beaches may be

eligible when necessary to protect improved property rom an immediatethreat. An eligible berm may be built to a pro le to protect against a stormthat has a 20 percent chance o occurring in a given year, or to the bermspre storm pro le, whichever is less.

A beach is considered eligible or permanent repair i it is an improvedbeach and has been routinely maintained prior to the disaster. A beach isconsidered to be an improved beach i the ollowing criteria apply:

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

elevation, width, grain size, and slopeThe beach has been maintained in accordance with a maintenanceprogram involving the periodic re nourishment o sand

Typically, FEMA requests the ollowing rom an applicant be oreapproving assistance or permanent restoration o a beach:

Design documents and speci cations, including analysis o grain size

As built plans

Documentation o regular maintenance or nourishment o thebeach

Pre and post storm cross sections o the beach

Restoration o sand on natural beaches beyond that necessary to provideemergency protection is not eligible.

Re erences: 44 CFR 206.226(j)Public Assistance Guide, FEMA 322, pages 74, 86-87


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Bridges

Bridges are eligible or 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 o disasterrelated damage are eligible. In some cases, FEMA may use pre disaster bridgeinspection reports to determine i damage to a bridge was present be orethe disaster.

Work to repair scour or erosion damage to the channel and stream banksis eligible i the repair is necessary to ensure the structural integrity o thebridge. Earthwork that is not related to the structural integrity o the bridgeis not eligible (see Landslides ).

Work to remove debris, such as allen trees, rom the channel at the bridgeis eligible i the debris could cause urther damage to the structure or i theblockage could cause food waters to inundate nearby homes, businesses, orother acilities (see Debris Removal ).

When replacement o a damaged bridge is warranted, eligible work may include upgrades necessary to meet current standards or road and bridgeconstruction, as de ned by the State or local highway department (seeCodes and Standards ). Typical standards a ect lane width, loading design,construction materials, and hydraulic capacity. I code requires, and i theapplicant has consistently implemented that code, FEMA will permit changesin the bridge design rom one lane to two lanes to include access modi cation

or a short distance (i.e., within area o damage). This does not apply to otherexpansions o capacity (e.g., rom two lanes to our lanes).

Permanent restoration o a bridge that alls under the authority o theFederal Highway Administration is not eligible or public assistance (seeFederal-Aid Roads ).

Re erences: Section 102(9) o the Sta ord Act44 CFR 206.221(h) and 206.226(a) and (d)Public Assistance Guide, FEMA 322, pages 25, 79-82


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Building Inspection

Under the Sta ord Act, FEMA can consider the increased demand or

Building Inspection services as an eligible emergency protective measurei such inspections are directly related to the disaster and are necessary to establish i a damaged structure poses an immediate threat to life, public health, or safety . Eligible costs or sa ety inspections are written as Category B emergency work on the Project Worksheet .

The ollowing inspections are ineligible or unding under the Public Assistance Program:

To determine i the building was substantially damaged beyond

repair under the National Flood Insurance ProgramTo determine i the building should be elevated or relocated

To determine i the repairs are needed to make the building habitable

Generally, when building inspections o FEMA unded permanent repairsare required, they are included in the Project Worksheet unding or permanent repair.

Re erences: Section 403 o the Sta ord ActEligibility o Building Inspections in a Post-Disaster Environment, FEMA Policy 9523.2, dated June 23, 1998Public Assistance Guide, FEMA 322, page 76


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Buildings

Buildings, including contents such as urnishings and interior systems

such as electrical work, are eligible or repair or replacement under thePublic Assistance Program. In addition to contents, FEMA will pay or thereplacement o pre disaster quantities o consumable supplies and inventory.FEMA will also pay or the replacement o library books and publications.Removal o mud, silt, or other accumulated debris is eligible, along with any cleaning and painting necessary to restore the building.

I an insurance policy applies to a acility, FEMA will deduct romeligible costs the amount o insurance proceeds, actual or anticipated,be ore providing unds or restoration o the acility (see Insurance ). In afood disaster, FEMA will reduce public assistance grants by the maximumamount o insurance proceeds an applicant would receive or an insurablebuilding located in an identi ed foodplain that is not covered by Federalfood insurance. The owners o insurable buildings can expedite the grant process by providing FEMA with policy and settlement in ormation as soonas possible a ter a disaster occurs.

FEMA may pay or upgrades that are required by certain codes andstandards (see Codes and Standards ). Examples include roo bracing installed

ollowing a hurricane, seismic upgrades to mitigate damage rom earthquakes(see Seismic Sa ety ), and upgrades to meet standards regarding use by thedisabled (see Americans with Disabilities Act (ADA ). For repairs, upgradesare limited to damaged elements only. I a structure must be replaced, thenew acility must comply with all applicable codes and standards regardlesso the level o FEMA unding.

I a damaged building must be replaced, FEMA has the authority to pay or a building with the same capacity as the original structure. However, i

the standard or space per occupant has changed since the original structure was built, FEMA may pay or an increase in size to comply with that standard while maintaining the same occupant capacity. The increase in space orother upgrades cannot be based only on design practices or an industry orpro ession; it must be mandated by a written code or statute o a Federal,State or local agency (see also Categories o Work ).

Re erences: Section 102(9) and (10) o the Sta ord Act

44 CFR 206.221(e) and (h) and 206.226American with Disabilities Act (ADA) Access Requirements, FEMA Policy 9525.5, dated October 26, 2000Seismic Sa ety New Construction, FEMA Policy 9527.1, dated November 21,2007Public Assistance Guide, FEMA 322, pages 66, 83-85


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Case Management File

FEMA maintains a computer based Case Management File that contains

pertinent in ormation about each applicant. The Case Management Filepromotes continuity in managing an applicants recovery, minimizesredundant data collection and allows quick access to the current status o an applicants case.

The Case Management File is rst 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 theCase Management File.

Re erence: Public Assistance Guide, FEMA 322, page 94


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Categories o Work

To acilitate the processing o Public Assistance Program grants, FEMA has

divided disaster related work into two broad Categories o Work , Emergency Work and Permanent Work. These categories are urther divided into theseven categories shown below and described in more detail elsewhere in thisdigest under the appropriate subject.

Emergency Work

Category A: Debris RemovalClearance o 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, privateproperty (see also Debris Removal ).Category B: Emergency Protective Measures

Measures taken be ore, during, and a ter a disaster to eliminate/reducean immediate threat to li e, public health, or sa ety, or to eliminate/reduce animmediate threat o signi cant damage to improved public and private property through cost-e ective measures (see alsoEmergency Protective Measures).

Permanent Work

Category C: Roads and BridgesRepair o roads, bridges, and associated eatures, such as shoulders,ditches, culverts, lighting, and signs (see also Roads and Bridges ).Category D: Water Control Facilities

Repair o drainage channels, pumping acilities, and some irrigationacilities. Repair o levees, dams, and food control channels all under

Category D, but the eligibility o these acilities is restricted (see also Flood Control Works ).Category E: Buildings and Equipment

Repair or replacement o buildings, including their contents and systems;heavy equipment; and vehicles (see also Buildings and Equipment ).Category F: Utilities

Repair o water treatment and delivery systems; power generation acilitiesand distribution acilities; sewage collection and treatment acilities; andcommunications (see also Utilities ).Category G: Parks, Recreational Facilities, and Other Facilities

Repair and restoration o parks, playgrounds, pools, cemeteries, masstransit acilities, and beaches. This category also is used or any work or

acility that cannot be characterized adequately by Categories A F (see alsoParks and Recreational Areas ).

Re erence: Public Assistance Guide, FEMA 322, pages 66-87


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Coastal Barrier Resources Act (CBRA)

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

Barrier Improvement Act restrict Federal expenditures and nancial assistancethat encourage development o coastal barriers so that damage to property,sh, wildli e, and other natural resources associated with the coastal barrier is

minimized. The protected areas are identi ed on National Flood Insurance RateMaps as Coastal Barrier Resources System (CBRS) units. They include de nedareas along the Atlantic, Gul o 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 CBRSunits may be eligible or public assistance provided the actions eliminate theimmediate threat to lives, public health and sa ety and protect improved property. Advanced consultation with the U.S. Fish and Wildli e Service (USFWS) isstrongly encouraged but is not required be ore approval o emergency measures. A report to USFWS o emergency work on CBRS units is required.

However, FEMA must consult with the USFWS to allow the USFWS theopportunity to provide written comments be ore permanent work unding isapproved. The ollowing types o publicly owned acilities may be eligible orpermanent work unding:

Essential links in a larger systemRestoration o existing channel improvementsRepair o energy acilities that are unctionally dependent on acoastal locationSpecial purpose acilities as de ned in 44 CFR 206.347(c)(4)Other existing roads, structures, or acilities that are consistent withthe purposes o CBRA

Certain Private Nonpro t acilities that meet the restrictions o CBRA and thePublic Assistance Program may be eligible or assistance. Examples include energy acilities and special purpose acilities, as described in 44 CFR 206.347.

Improved projects that expand a acility and alternate projects are rarely eligible in CBRS units.

An existing acility is de ned as a publicly owned or operated acility on which the start o construction took place on or be ore October 18, 1982. I a

acility has been substantially improved or expanded since October 18, 1982, it is not an existing acility. I a unit was added to CBRS at a later date, that datemay be substituted or the October 18, 1982, date.Re erences: Section 406(e) o the Sta ord Act

44 CFR Part 206, Subpart JPublic Assistance Guide, FEMA 322, pages 133-134


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Codes and Standards

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

that are necessary to meet speci c requirements o reasonable current Codesand Standards . This situation typically occurs when older acilities must berepaired in accordance with codes and standards that were adopted a terthe original construction.

For the cost o an upgrade to be eligible, the code or standard requiringthe upgrade must meet the ve criteria listed below:

1. Apply to the repair work being per ormed. I a acility must bereplaced, an upgrade would apply throughout the acility. However,

i a acility needs repair work only, then upgrades would apply tothe damaged elements only. For example, FEMA would pay toinstall a code required sprinkler system throughout a building i that building were being replaced; FEMA would not pay or such asystem i the only eligible work involved repair only, unless a code orstandard required the installation based on the amount o repair.

2. Be appropriate to the pre-disaster use o the acility.

3. Be reasonable, in writing, ormally 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 thecode or standard.

4. Apply uni ormly to all acilities o the type being repaired withinthe applicants jurisdiction. The standard cannot allow selectiveapplication; it cannot be subject to discretionary en orcement by public o cials. The standard must be applied regardless o the

source or availability o unding or the upgrade work.5. Be en orced during the time that it was in e ect. FEMA may require

documentation showing prior application o the standard i there was opportunity to apply the code.

For additional in ormation regarding standards, see Bridges , Americans with Disabilities Act (ADA) and Seismic Sa ety .

Re erences: Section 406(e) o the Sta ord Act44 CFR 206.221(i) and 206.226(d)Public Assistance Guide, FEMA 322, pages 33-36, 79, 83, 125


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Community Arts Centers

A Private Nonpro t Community Arts Center is a acility whose primary

purpose is to o er multi purpose arts programming and/or to provide artsservices that have been designated, recognized, or authorized by a State orlocal government. Arts services may include, but are not limited to, art classes,per orming arts classes, arts administration, and management o public arts

estivals. Facilities may include, but are not limited to, per ormance spaces,rehearsal spaces, shared workspace or community artists, exhibition/gallery spaces, classrooms, and studios.

Publicly owned Community Arts Centers are generally eligible or publicassistance.

Re erences: Section 102(10)(B) o the Sta ord ActPrivate Nonproft (PNP) Facility Eligibility, FEMA Policy 9521.3, dated July 18,2007Public Assistance Guide, FEMA 322, pages 10, 12, 18


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Community Centers

A Private Nonpro t Community Centeris a acility that is open to the general

public without restrictions, established and primarily used as a gathering placeor a variety o social, educational enrichment, and community service activities.Eligible activities include:

1. Social such as board meetings, senior citizen meetings, orcommunity picnics

2. Educational such as seminars on personal nance, stamp collecting,or gardening

3. Community service organizing clean-up projects, local government meetings, rehabilitation programs, or blood drives

A community center acility includes the build ing, and associatedstructures and grounds, which must be evaluated in their entirety to determineeligibility.EXAMPLE: A community center complex consists of three buildings: two serve ascommunity centers and one serves as an administrative building. Therefore, only twobuildings are eligible for public assistance, as the administrative building does notprovide an eligible community center activity.

Primarily used means that the acility is used over 50% o the time or eligiblecommunity center activities.EXAMPLE: If a community centers 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 oneor two days a week.

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

eligible activities.Facilities used or the ollowing purposes arenot eligible community centers

and are not eligible or public assistance.Political Vocational Athletic Academic trainingReligious Con erencesRecreational

Publicly owned Community Centers generally are eligible or public

assistance.Re erences: 44 CFR 206.221(e)(7)

Community Center Eligibility, FEMA Policy 9521.1, dated August 11, 1998Private Nonproft Facility Eligibility, FEMA Policy 9521.3, dated July 18, 2007Public Assistance Guide, FEMA 322, pages 10, 12, 18, 19-20


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Community Disaster Loans

Community Disaster Loans are available, subject to Congressional

unding, to any local government or other political subdivision o the State.The jurisdiction must have su ered a substantial loss (generally in excess o 5 percent) o tax or other revenues as a result o a major disaster and must demonstrate the need or Federal assistance to per orm its governmental

unctions. The amount o the loan shall not exceed 25 percent o the annualoperating budget o the locality or the scal year in which the major disasteroccurs, up to a maximum o $5,000,000; or 50 percent up to a maximum o $5,000,000 when the loss o tax and other revenue amounts to 75 percent o the operating budget or the scal year in which the major disaster occurs.

Loan proceeds must be used to maintain existing governmental unctionsor to expand such unctions to meet disaster related needs. The loan cannot be used or capital improvements, the repair or restoration o damagedpublic acilities, or to pay the local cost share o any Federal program. I the

jurisdiction has not recovered su ciently to meet its operating budget a ter3 ull scal years, repayment o all or part o the loan may be cancelled.

To apply or 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 administrativeauthority over the local governments application and must certi y that thelocal government is legally quali ed, under State law, to assume the debt, that the proceeds will be used and accounted or in compliance with Community Disaster Loan regulations, and that the in ormation on the application isaccurate.

Re erences: Section 417 o the Sta ord Act44 CFR Part 206, Subpart K


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Contracts and Procurements

Contracts and Procurements must be o reasonable cost, generally must becompetitively bid, and must comply with Federal, State, and local procurement standards. FEMA nds our methods o procurement acceptable:

Small purchase procedures: an in ormal method or securing services orsupplies that do not cost more than $100,000 by obtaining several pricequotes rom di erent sourcesSealed bids:a ormal method where bids are publicly advertised andsolicited, and the contract is awarded to the responsive bidder whoseproposal is the lowest in price (this method is the pre erred method orprocuring construction contracts)

Competitive proposals:a method similar to sealed bid procurement in which contracts are awarded on the basis o contractor quali cationsinstead o on price (this method is used or procuring architectural orengineering pro essional services)Non-competitive proposals:a method whereby a proposal is received

rom only one source, because the item is available only rom a singlesource; there is an emergency requirement that will not permit delay;FEMA authorizes a noncompetitive proposal; or solicitation has beenattempted and the competition is inadequate. I these conditions exist,

FEMA may nd this method acceptable. Otherwise, noncompetitiveproposals and piggyback contract are generally ineligible.FEMA provides reimbursement or three types o Contracts:

Lump sum: contract or work within a prescribed boundary with aclearly de ned scope and a total priceUnit price: contract or work done on an item-by-item basis with cost determined per unit Cost plus fxed ee: either a lump sum or unit price contract with a

xed contractor ee added into the priceTime and materials contracts should be avoided, but may be allowed or work that

is necessary immediately a ter the disaster has occurred when a clear scope o workcannot be developed and the work will not exceed 70 hours. Special arrangementsmay be available or power restoration. FEMA should be consulted or details. Applicants must care ully monitor contractor expenses, and a cost ceiling or not toexceed provision must be included in the contract. I a time and materials contract has been used, the applicant should contact the State to ensure proper guidelinesare ollowed. Although it is not prohibited, it is generally not advisable to makepayments to a contractor contingent upon the applicants receipt o unding rom

FEMA. Cost plus a percentage o cost contracts arenot eligible.Re erences: 44 CFR Part 13

O fce o Management and Budget Circular A-10241 U.S.C. 403(11)Public Assistance Debris Management Guide, FEMA 325, pages 93-104Public Assistance Guide, FEMA 322, pages 28, 42, 51-53, 104


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Cost Codes

FEMA maintains a national unit price listing called Cost Codes that is

updated and revised to con orm with geographical and disaster speci cneeds. Appropriate cost codes are issued during each disaster. A sample o FEMA cost codes is shown below.

REG STATE CNTYCOST

CODE NO. DESCRIPTION UNITUNIT

PRICE

00 00 037 3010 Aggregate Sur ace Course(Pit Run)

TN 7.50

00 00 037 3011 Aggregate Sur ace Course(Pit Run)

CY 10.00

00 00 037 3012 Aggregate Sur ace Course(Crushed)

TN 10.00

00 00 037 3013 Aggregate Sur ace Course(Crushed)

CY 13.50

00 00 037 3020 Fill (Unclassifed) CY 10.00

00 00 037 3030 Local Borrow CY 3.00

Cost codes are used or the unit cost method o estimating. This method, whereby each work component is priced separately, is generally used or work that an applicant has not yet completed. Typically, unit prices arebased on in place costs. This means that the price includes site preparation,materials, labor, equipment, insurance, overhead, and pro t, as appropriate.For example, a $14 per linear oot unit price to replace concrete curb andgutter includes all costs or setting up and breaking down the orms andpouring and nishing the concrete.

There are several sources that may be used to prepare estimates basedon unit costs. These sources, in order o pre erence, include: State and localdata rom previously completed projects; commercial estimating sources;and FEMA cost codes.

Re erence: Public Assistance Guide, FEMA 322, pages 41, 104


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Cost Estimating Format (CEF)

FEMA uses a cost estimating methodology called the Cost Estimating

Format (CEF) to better estimate the total cost o projects or which the basecost o labor, materials, and equipment meets or exceeds the large project threshold (see Large Projects ). The CEF is a orward pricing model that allows FEMA to account or all possible costs associated with a large project.FEMA uses experienced program specialists to apply the CEF. The CEF shouldonly be used on large projects or which the permanent restorative work is90% or less complete.

The CEF relies on the development o a clear de nition o the scope o work that is eligible or public assistance. Once this scope o work has beendeveloped, the CEF is applied in eight parts. Part A represents the base cost o completing the project; it includes the labor, materials, and equipment necessary to complete each item o the scope o work. Parts B through Hcontain job speci c actors that may be added to the base cost determinedin Part A . These actors are described below.

Part B includes construction costs not typically itemized in Part A, such asthe general contractors supervision costs.

Part C refects construction cost contingencies and addresses budgetary risksassociated with project complexity during the design process.

Part D accounts or the contractors overhead, insurance, bonds andpro t.

Part E accounts or cost escalation over the li e o the project.

Part F includes ees or special reviews, plan checks, and permits.

Part G is the applicants reserve or change orders, hidden damages, and

di ering site conditions discovered a ter construction starts.Part H accounts or the applicants cost to manage the design and constructiono the project.

Re erence: Public Assistance Guide, FEMA 322, pages 105-106


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Cost Overrun

Because o the nature o the Public Assistance Program, applicants may

nd that in most instances cost estimates are approved by FEMA prior to thecompletion o the associated work. On occasion, the actual costs incurred by the applicant during per ormance o the work exceed the approved estimate.This situation is known as a Cost Overrun . Cost overruns are usually causedby one o the ollowing:

Hidden damage: additional disaster damage may become evident. Variations in unit pricing: The unit prices used in the cost estimatemay have been lower than those the applicant was actually charged.Change in the scope o work: While per orming the work, theapplicant may nd that additional eligible work or changes in theprescribed work are necessary.Delay in starting or completion times: Problems beyond theapplicants control may contribute to delays in starting or completing

work.

The applicant should evaluate cost overruns on large projects. I theadditional costs are justi ed, the applicant can request additional unding. Theapplicant should contact the State as soon as possible to ensure that properguidelines or documenting any additional costs are ollowed. The State will

orward requests or additional unding to FEMA. Such requests must containdocumentation to support that the additional costs were incurred during theper ormance o eligible work. I the need or additional work is discoveredduring the per ormance o work on the project, the State must be noti edand must noti y FEMA so that FEMA may inspect the site, i necessary.

Small projects are handled di erently. I there is a gross error or omissionin the scope o work, the applicant should make a request or a change as

described or large projects. Otherwise, cost overruns are not handled ona project by project basis; rather, the applicant may request supplemental

unding or a signi cant net cost overrun on all small projects by submittingan appeal through the State to FEMA. An appeal should be submitted only

when the total costs or all small projects exceed the total cost approvedor all small projects. The appeal must be submitted within 60 days o the

completion o that applicants last small project. The appeal must includedocumentation o actual costs correlated to each line item in the scopes o

work. This includes projects with underruns as well as those with overruns. An explanation o all cost and quantity di erences with the approved scopeso work should be included (see Appeals ).

Re erences: 44 CFR 206.204(e)Public Assistance Guide, FEMA 322, pages 109, 113, 140


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Cost Share

Under the Public Assistance Program, the Federal government is

responsible or supplementing the e orts and available resources o Stateand local governments when the President declares a disaster or emergency.Because unding provided by the program is supplementary in nature, anappropriate sharing o 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 o a disaster, the minimum Federal cost share is 75 percent o eligible costs.The State grantee determines the distribution o the non Federal share. Allapplicants, including Private Nonpro t organizations, are subject to the cost share outlined in the FEMA State Agreement.

Re erences: Sections 403(b), 406(b), and 503(a) o the Sta ord Act44 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


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Damage Description and Scope o Work

Projects are de ned by the speci c damage sustained at a acility and a

detailed description o the proposed repair. A good Damage Descriptioncontains:

Description o the pre disaster acility

Cause o damage (e.g., wind, foodwaters)

Dimensions and description o the damage

The Scope o Work describes the work that is necessary to repair thedamage or replace the acility. The scope o work is the basis or the cost

estimate; there ore, it is important that the scope o work be concise yet comprehensive enough to ully support what work is to be done and why it isbeing done. The scope o work is developed through coordination betweenFEMA ield personnel, State representatives, and applicants. For largeprojects, FEMA must review each scope o work to ensure that the project complies with all applicable Federal laws, regulations, and policies be ore

unds can be provided (see Project Approval ). For small projects, samplesare reviewed (see Validation ). (See Large Projects and Small Projects .)

Re erences: 44 CFR 206.202(d)Public Assistance Guide, FEMA 322, pages 96, 97, 100, 101-102, 105, 109,139-140


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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 scalede ned by the U.S. Department o Labor. Generally, the provisions o theDavis Bacon Act do not apply to State or local contracts or work completedusing public assistance unds under the Sta ord Act. However, the provisionsmay apply to contracts let by other Federal agencies, such as the U.S. Army Corps o Engineers. I a State or local government incorporates prevailing

wage rates o the U.S. Department o Labor as part o its normal practiceor all contracts, regardless o unding source, then those rates would be

eligible.

Re erences: 44 CFR 13.36(i)5Public Assistance Guide, FEMA 322, page 44


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Debris Removal

Debris Removalis the clearance, removal, and/or disposal o items such as trees, woody debris, sand, mud, silt, gravel, building components and contents, wreckage(including that produced during the conduct o emergency work), vehicles on publicproperty, and personal property. For debris removal to be eligible, the work must be necessary to:

Eliminate an immediate threat to lives, public health and sa ety Eliminate immediate threats o signi cant damage to improved public orprivate property when the measures are cost e ectiveEnsure the economic recovery o the a ected community to the bene t o the community-at-largeMitigate the risk to li e and property by removing substantially damaged

structures and associated appurtenances as needed to convert property acquired using FEMA hazard mitigation program unds to uses compatible with open space, recreation, or wetlands management practices

Examples o eligible debris removal activities include:Debris removal rom a street or highway to allow the sa e passage o emergency vehiclesDebris removal rom roads in private communities, including debris movedto the curb in the community (seeHomeowners Associations)Debris removal rom public property to eliminate health and sa ety hazards

Examples o ineligible debris removal activities include:Removal o debris, such as tree limbs and trunks, rom natural(unimproved) wilderness areasRemoval o pre-disaster sediment rom engineered channelsRemoval o debris rom a natural channel unless the debris poses animmediate threat o fooding to improved property rom a food that has a20% chance o occurring in any one year.

Debris removal rom private property is generally not eligible because it is theresponsibility o the individual property owner (see eligible debris examples above).I property owners move the disaster-related debris to a public right-o -way, the localgovernment may be reimbursed or curbside pickup and disposal or a limited period o time. I the debris on private business and residential property is so widespread that publichealth, sa ety, or the economic recovery o the community is threatened, FEMA may unddebris removal rom private property, but it must be approved in advance by FEMA.

(See alsoDemolition, Debris Salvage, and Categories o Work.)Re erences: Sections 403 and 407 o the Sta ord Act44 CFR 206.224Stump Removal Extraction, FEMA Policy 9523.11 dated 5/15/07Debris Operations Hand-Loaded Trucks and Trailers, FEMA Policy 9523.12 dated 5/1/06Debris Removal rom Private Property, FEMA Policy 9523.13, dated 7/18/07

Public Assistance Debris Management Guide, FEMA 325Debris Operations Clarifcation, FEMA Fact Sheet 9580.4 dated 1/19/01Debris Removal rom Private Property, FEMA Fact Sheet 9580.200 dated 10/21/05Debris Removal Applicant Checklist, FEMA Fact Sheet 9580.201 dated 4/10/06Debris Removal Authorities o Federal Agencies, FEMA Fact Sheet 9580.202 dated 1/27/07Debris Monitoring, FEMA Fact Sheet 9580.203 dated 5/3/07Public Assistance Guide, FEMA 322, pages 20-21, 29, 66, 67-71


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Debris Salvage

Debris resulting rom disasters may have a market value. Some o the

materials that can be expected to be marketable include timber debris,mulched woody debris, and scrap metals. Disposition o Debris Salvage must be at air market value and the value must be reimbursed to FEMA to reducethe total project cost. Reasonable costs or administering and marketing thesale o the salvageable materials may be deducted by the applicant rom the

air market value. I an applicant allows a contractor to take possession o salvageable material in order to lower bid prices, there is no salvage valueto be recouped at the end o the project.

(See Debris Removal .)

Re erences: Disposition o Equipment, Supplies and Salvaged Materials, FEMA Policy 9525.12, dated August 29, 2000Public Assistance Guide, FEMA 322, page 50


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Declarations

There are two types o Declarations provided or in the Sta ord Act:

Emergency Declarations and Major Disaster Declarations. Both declarationtypes authorize the President to provide Federal disaster assistance. However,the cause o the declaration and type and amount o assistance di er.

An Emergency Declaration can be declared or any occasion or instance when the President determines Federal assistance is needed to supplement State and local e orts and capabilities to save lives and to protect property and public health and sa ety, or to lessen or avert the threat o a catastrophein any part o the United States. The amount o emergency assistance iscapped at $5 million per single event unless continued assistance is neededto alleviate a threat to lives, public health, and sa ety.

The President can declare a Major Disaster Declaration or any naturalevent (including any hurricane, tornado, storm, high water, wind driven

water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide,snowstorm, or drought) or, regardless o cause, any re, food, or explosion,that the President believes has caused damage o such severity and magnitudethat it is beyond the combined capabilities o State and local governmentsand disaster relie organizations to respond. A major disaster declaration

provides a wide range o Federal assistance programs or individuals andpublic in rastructure, including unds or both emergency and permanent work.

Re erences: Sections 102(1) and (2), Title IV, and Title V o the Sta ord Act44 CFR 206.31-48Public Assistance Guide, FEMA 322, pages 2-3


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Demolition

Demolition o disaster damaged structures may be eligible or emergency

work assistance i the work is necessary to:Eliminate an immediate threat to lives, public health and sa ety Eliminate immediate threats o signi cant damage to improvedpublic or private property when the measures are cost e ectiveEnsure the economic recovery o the a ected community to thebene t o the community at largeMitigate the risk to li e and property by removing substantially damaged structures and associated appurtenances as needed to

convert property acquired using FEMA hazard mitigation programunds to uses compatible with open space, recreation, or wetlandsmanagement practices

Eligible activities include demolition o the acility superstructure, lling in o open below-grade structures (basements, swimming pools), and other activitiesincluding capping o wells and pumping and capping o septic tanks.

As with debris removal rom private property, demolition o private structuresrequires approval by FEMA prior to start o work and agreement by the localgovernment to save and hold the Federal government ree rom damages dueto per ormance o the work. Demolition work also requires condemnation by an authorized local o cial in accordance with State and local law.

Examples o ineligible demolition activities include:Removal o slabs or oundations that do not present a health orsa ety hazard (except or structures in a FEMA unded buyout program)Removal or covering o pads and driveways (except or structures ina FEMA unded buyout program)Demolition o structures condemned as sa ety hazards prior to thedisaster and the resulting debrisDemolition o threatened but habitable (not yet damaged) structures

Demolition activities are eligible or permanent work assistance when the work is required in support o eligible repair, replacement, or reconstructiono a project.

Re erences: Sections 403, 406, and 407 o the Sta ord Act44 CFR 206.225 and 206.226Demolition o Private Structures, FEMA Policy 9523.4, dated July 18, 2007Public Assistance Guide, FEMA 322, page 39, 69, 73, 91, 119, 131, 133


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Designated Disaster Area

When a declaration o a major disaster or emergency is made or a State,

FEMA will designate those counties and independent cities o a State that are eligible or assistance. Those counties make up the Designated Disaster Area . Sometimes other political subdivisions o a State, such as city or specialdistrict, may be designated, but the county is the most common designation.The designated disaster area can be amended a ter the initial designation by FEMA. A damaged acility must be located within a designated county to beconsidered or Federal assistance. For example, Blue County is declared asa designated disaster area and Green County is not. All potential applicants

who are responsible or acilities within Blue County may be eligible or public

assistance. An entity rom outside Blue County may apply or assistance ora acility within Blue County. I applicant A has acilities in both Blue andGreen County, the acilities in Blue County are eligible and those in GreenCounty are not. Sheltering activities may be located outside the designateddisaster area.

The types o assistance available in the designated disaster area may vary between counties. Some counties may be eligible or reimbursement orboth emergency and permanent work while others may be designated toreceive unding or emergency work only. Also, while a county may be eligible

or Individual Assistance, it may be ound ineligible or public assistance.FEMA determines the designations based on the outcome o the Preliminary Damage Assessment and the recommendations o the State Governor andFEMA Regional Administrator.

Re erences: 44 CFR 206.2(a)(6), 206.40, and 206.223(a)(2)Public Assistance Guide, FEMA 322, page 30


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Direct Federal Assistance

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

government can adequately respond, either by direct per ormance or by contract, the State may request that certain emergency work be per ormeddirectly by a Federal Agency. This is called Direct Federal Assistance . Underthe provisions o 44 CFR 206.208, FEMA, through Mission Assignments,may use appropriate Federal agencies to per orm work or to contract or it to be per ormed.

The work to be per ormed must be eligible under the Sta ord Act andFederal regulations, and is limited to:

Debris removalEmergency protective measures

Emergency communications

Emergency public transportation

There may be a limited period o 100% Federal unding when conditions warrant. Otherwise, the assistance is subject to the cost sharing provisionsapplicable to the disaster. The State must reimburse FEMA or the appropriatenon Federal share o the cost o the work, including any administrative costso the per orming Federal agency.

Re erences: 44 CFR 206.208100% Funding or Direct Federal Assistance and Grant Assistance, FEMA Policy 9523.9, dated June 9, 2006Public Assistance Guide, FEMA 322, pages 76-78


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Donated Resources

Donated Resources , which include volunteer labor, donated equipment

and donated materials, are eligible to o set the State and local portion o the cost share or emergency work (Categories A and B). The amount o credit that can be applied to a project is capped at the non Federal shareo emergency work so that the Federal share will not exceed the applicantsactual out o pocket costs. Any excess credit can be applied to other emergency

work projects o the same applicant.

Donated resources must apply to actual eligible emergency work, such asdebris removal or the lling and placing o sandbags. The donated servicesmust be documented and must include a record o hours worked, the worksite, and a description o work. Volunteer labor will be valued at the samehourly labor rate as someone in the applicants organization per ormingsimilar work. I the applicant does not have employees per orming similar

work, then the rate should be consistent with those ordinarily per ormingthe work in the same labor market.

The value or donated equipment should be determined by using theapplicable FEMA equipment rate and multiplying it by the number o hoursthe piece o equipment was used to per orm eligible emergency work.

Donated materials are valued at the current commercial rate. I thematerials were donated by a Federal agency, such as sandbags donated by theU.S. Army Corps o Engineers, the materials cannot be applied or volunteercredit.

Re erences: Section 403 o the Sta ord Act44 CFR 13.24O fce o Management and Budget Circular A-87Donated Resources, FEMA Policy 9525.2, dated April 9, 2007Public Assistance Guide, FEMA 322, page 56


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Duplication o Benefts

An applicant may not receive unding rom two sources or the same item

o work. This is called a Duplication o Benefts . I an applicant can obtainassistance or a project rom another Federal agency, then FEMA cannot provide unds or that project (see Other Federal Agencies ).

Grants and cash donations received rom non Federal sources designatedor the same purpose as public assistance unds are generally considered a

duplication o bene ts. However, these unds may be applied towards thenon Federal cost share. Grants and cash donations that are received orunspeci ed purposes or ineligible work do not constitute a duplication o bene ts.

A duplication o bene its most commonly occurs with insurancesettlements. I a damaged acility is insured, FEMA is required to reducethe amount o the grant by any insurance proceeds that the applicant anticipates or receives or the insured acility, even i the applicant has not completed negotiations with the insurer. The applicant is required to providein ormation concerning insurance recoveries to FEMA, including copieso all applicable policies. FEMA will review the insurance in ormation anddetermine whether the settlement appears proper in terms o the provisions

o the policy (see Insurance ). The retention o duplicated unds is illegaland duplicated unds must be returned to FEMA.

Re erences: Section 312 o the Sta ord Act44 CFR 206.226(a)(1)Duplication o Benefts Non-Government Funds, FEMA Policy 9525.3, datedJuly 24, 2007Public Assistance Guide, FEMA 322, pages 41-42


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Educational Facilities

Educational Facilities are de ned in terms o primary, secondary and

higher education schools. For primary and secondary schools, an educationalinstitution is a day or residential school that provides primary or secondary education as determined under State law. This generally means that theschool satis es State requirements or compulsory attendance. Institutionso higher education are also eligible provided that:

They admit as students persons having a high school diploma orequivalent

They are legally authorized to provide education beyond a

secondary levelThey award a bachelors degree or two year degree that is acceptableas ull credit towards a bachelors degree

They are public or PNP institutions

They are accredited by a nationally recognized agency or association(as determined by the Secretary o Education)

A higher educational institution is also de ned as any

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