Additional Information

FEMA Policy/Guidance/Schedule of Equipment Rates

Public Assistance Program and Policy Guide (PAPPG)
Current Version on FEMA.gov:  https://www.fema.gov/assistance/public

FEMA’S Schedule of Equipment Rates
Current and Previous Versions on FEMA.gov: https://www.fema.gov/assistance/public/tools-resources/schedule-equipment-rates

CDBG-DR:  Overview of the Joint Guidance for Use of HUD’s CDBG-DR Funds as Non-Federal Cost Share for FEMA’s Public Assistance (PA) Program (PDF)
Applying for Building Code Administration and Enforcement Reimbursement (PDF)
Consensus-Based Codes, Specifications and Standards for Public Assistance, FP-104-099-11 Version 2, issued 12/20/2019 (PDF)
Consensus-Based Codes, Specification and Standards for Public Assistance FAQ, issued 02/2020 (PDF)
 

Alternative Procedures / Fixed Cost Offer

FEMA is currently piloting Alternative Procedures for permanent restoration of damaged facilities, which offers the following benefits when Applicants accept a fixed cost amount on a Large Project: 

• Flexibility in meeting post-disaster recovery needs, as opposed to being limited to rebuilding back to what existed prior to the disaster; 
• Sharing of funds across all Alternative Procedures Projects; 
• Retention and use excess funds to reduce risk and improve future disaster operations; and 
• Cost-effective hazard mitigation on replacement projects. 

Work Completion Deadlines

Work completion is defined as the completion of all work associated with the approved scope of work including meeting all compliance requirements. It does not include invoice payments, warranty periods, or Public Assistance (PA) grant management and administration activities (e.g., compiling and submitting closeout documentation, financial reconciliation, requesting payment, etc.) A disaster declaration period of performance begins on the first day of the incident period and extends four years from the declaration date.

Emergency Work

Must be completed within six months of the declaration date (unless extended by FEMA or time extension requested.)

Permanent Work

Must be completed within 18 months of the declaration date (unless extended by FEMA or time extension requested.)

Time Extensions

If the Applicant determines it needs additional time to complete work, it must submit a written request for a time extension to the State with the following information:

• Documentation substantiating delays beyond its control;
• A detailed justification for the delay;
• Status of the work; and
• The project timeline with the projected completion date.

MEMA has authority to extend deadlines for individual projects based on extenuating circumstances. Except for temporary relocation projects, MEMA may extend Emergency Work up to an additional 6 months and Permanent Work up to an additional 30 months. MEMA must notify FEMA when it approves a time extension. FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating circumstances justify additional time.

FEMA generally considers the following to be extenuating circumstances beyond the Applicant’s control: 

• Permitting or EHP compliance related delays due to other agencies involved; 
• Environmental limitations (such as short construction window); 
• Inclement weather (site access prohibited or adverse impact on construction); and 
• Lack of availability of materials, equipment, or contractors to complete work. 

FEMA generally considers the following to be circumstances within the control of the Applicant and not justifiable for a time extension: 

• Permitting or environmental delays due to Applicant delays in requesting permits; 
• Lack of funding; 
• Change in administration or cost accounting system; and 
• Compilation of cost documentation. 

Although FEMA only provides Public Assistance (PA) funding for work performed on or before the approved deadline, the Applicant must still complete the approved SOW for funding to be eligible.  FEMA de-obligates funding for any project that the Applicant does not complete. If the Applicant completes a portion of the approved SOW and the completed work is distinct from the uncompleted work, FEMA only de-obligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Applicant restores only two of the three facilities, FEMA only de-obligates the amount related to the facility that the Applicant did not restore.

Requests for Information (RFI)

FEMA may issue a formal or an informal RFI. The informal RFI would come as an email from the FEMA Program Delivery Manager (PDMG). The formal RFI is issued in Grants Portal and you will receive an email notification it has been created with a deadline. If for some reason you are unable meet the deadline, email your PDMG and ask for an extension.

Navigate Grants Portal (Step-by-Step Instructions)

Locating Request for Information in Grants Portal and Uploading Document(s)
Responding to Request for Information without Document(s) to Attach

FEMA Training Video

Grants Portal – Responding to a Request for Information (RFI)

Project Amendments

An amendment is a version of the project created after it has been obligated. Amendments are requested in Grants Portal, reviewed by the State, and then reviewed by FEMA for changes to activities or costs of a project after it has been obligated. The Applicant must submit in writing a detailed justification of the reason(s) to amend the project and documentation supporting the eligibility of the amendment.

Reasons for an Amendment

Amendments occur for the following reasons and should not be requested for work beyond the obligated scope of work or work outside of the original operational period. These requests should be submitted as a new project.

• The original scope of work is not feasible
• Hidden damages were found (during performance of eligible work)
• Eligible use of excess funds of a capped project
• An alternate or improved project is requested on a project or a capped project
• Funds from a capped project will be used for cost-effective hazard mitigation
• Architectural/Engineering design has been returned to the Applicant to determine scope of work

Once FEMA obligates a small project, FEMA does not adjust the approved amount of an individual small project. Amendments should be rare and not written to account for extra costs.  

Guidance (includes Step-by-Step Instructions)

Job Aid - Amending a Project (PDF)

FEMA Training Video

Grants Portal – Project Amendments (Request an Amendment to a Project)

Insurance

All FEMA Public Assistance (PA) projects go through several layers of review and one of those is a review of an Applicant’s disaster-related insurance policies by FEMA Insurance Specialists.  Any insurance policies carried by the Applicant for property, contents, or equipment damage, must be provided to FEMA for review.

FEMA cannot provide assistance for disaster-related losses that duplicate benefits from another source, including insurance.  

• Before FEMA approves assistance, the Applicant must provide FEMA with information about any actual or anticipated insurance settlement it is entitled to.
• FEMA will reduce assistance by the amount of actual or anticipated insurance proceeds.
• The Stafford Act requires Applicants take reasonable efforts to recover insurance proceeds that it is entitled to receive from its insurers.  FEMA will consider final insurance settlements that may be less than the insurance policy limits when an Applicant demonstrates that it has taken reasonable efforts to recover insurance proceeds that it is entitled on a case by case basis.  
• If damages are covered by insurance, FEMA may reimburse the Applicant’s deductible.

Documentation

Below are examples of insurance documentation:

• Summary of insurance coverage
• Statement of actual insurance proceeds, if available (required before project is closed)
• General Property Insurance Policy (required if applicable)
  • Property policy declaration pages;
  • Schedule of covered locations;
  • Property policy forms and endorsements;
  • Inland marine coverage section; and
  • Equipment breakdown section
• Flood insurance policy (required for flood loss)
• Wind policy, which may include a separate wind only insurance policy issued by a State Wind Pool or Association (required for wind-related loss, i.e., hurricane, tornado, severe weather incident)
• Auto insurance policy (required for vehicle damage)
• Insurance settlement information (required if available)
  • Final Statement of Loss;
  • Adjuster’s estimates;
  • Copy of settlement checks;
  • Correspondence explaining the settlement amount and allocation; and
  • Letter of denial

Properties in a Special Flood Hazard Area (SFHA)

SFHA is defined as an area having special flood, mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map (FHBM) or a Flood Insurance Rate Map (FIRM) Zone A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V. The SFHA is the area where the National Flood Insurance Program's (NFIP) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. 

To determine if your facility is located in a special flood hazard area which requires insurance through the National Flood Insurance Program (NFIP) or equivalent coverage visit the FEMA Flood Map Service Center.

For properties located in a SFHA, applicable law may require FEMA to reduce assistance.

• The reduction of assistance applies to NFIP-insurable properties that meet each of the following criteria:
  • Located in an SFHA where FEMA has identified the area as an SFHA for more than one year;
  • Damaged by flooding; and
  • Uninsured for flood loss.
• FEMA will reduce assistance by the lesser of:
  • The value of the property at the time of the disaster; or
  • The maximum amount of insurance proceeds that an Standard Flood Insurance Policy (SFIP) would provide for a building and its contents.
• For property located in an SFHA that is covered by flood insurance:
  • FEMA will reduce assistance by the amount of actual or anticipated insurance proceeds.
  • If the property is not insured through an SFIP and the amount of actual or anticipated proceeds is less than what would be provided through an SFIP, then FEMA will reduce assistance by the maximum amount of insurance proceeds that an SFIP would provide.

The requirement to purchase flood insurance is waived when eligible costs for an insurable facility do not exceed $5,000.

Inurance Requirements

Obtain and Maintain Insurance

When FEMA provides funding for permanent work to replace, restore, repair, reconstruct, or construct a facility, you must insure that facility against future loss from the hazard(s) that caused damage to the property.  FEMA refers to this as the requirement to “obtain and maintain” insurance.  FEMA will only approve assistance under the condition that you agree to obtain and maintain the required insurance.

• By law, Applicants must comply with this requirement as a condition of FEMA assistance.  
• FEMA applies this requirement to buildings, contents, equipment, and vehicles.
• FEMA does not require Applicants to obtain and maintain insurance for temporary facilities.

Types and Extent of Insurance Required

The Stafford Act requires that Applicants insure facilities and their contents with the “types and extent” of insurance that is reasonably available, adequate, and necessary to protect against future loss to the property.  Types refers to the hazard(s) that caused the disaster-related damage and extent refers to the amount of insurance required.

• FEMA will calculate the amount of insurance the Applicant is required to obtain and maintain using estimated or actual eligible costs prior to any reductions and including both the Federal and non-Federal cost share.
• Applicants must insure against future losses from the hazard(s) that caused the damage to property.
• Prior to project approval, FEMA will notify Applicants of the insurance requirement(s) and identify the types and extent of insurance the Applicant is required to obtain and maintain.

Consequences of Non-Compliance (Failure to Obtain and Maintain Insurance).  If an Applicant does not comply with the insurance requirement in accordance with this policy and applicable legal authorities, FEMA will deny or de-obligate assistance in the current disaster and deny future assistance for that facility.

Guidance

FEMA’s Recovery Policy FP 206-086-1, Public Assistance Policy on Insurance (PDF)

Navigate Grants Portal (Step-by-Step Instructions)

Organization Profile - Add Insurance Policies (PDF)

Environmental and Historical Preservation (EHP)

Several statutes, Executive Orders (EO), and regulations establish requirements to protect the environment and preserve the Nation’s historic and archaeological resources. FEMA reviews each Public Assistance (PA) project to ensure the work complies with applicable Federal EHP laws and implementing regulations, and applicable EO. The Applicant is responsible for complying with applicable Federal, State, Territorial, or Tribal EHP laws even if FEMA is not providing PA funding for all of the work.

FEMA provides technical support to Applicants throughout the recovery process to help ensure compliance with all EHP laws, regulations, and EOs, as well as to identify opportunities to incorporate conservation measures in the project area for the protection and preservation of environmental or historic resources.

The Applicant needs to make every effort to afford FEMA the opportunity to perform EHP reviews prior to starting any work that has the potential to impact the environment or historic properties, including archaeological resources. This includes, but is not limited to, demolition, site preparation, and ground disturbing activities. FEMA must ensure that the project complies with appropriate EHP laws, regulations, and EOs. If the Applicant starts work prior to FEMA’s completion of the EHP review, it jeopardizes PA funding for the entire project.  

When performing Emergency Work, the Applicant should avoid new ground disturbance when possible. If the Applicant cannot avoid new ground disturbance, it must consider impacts to natural and cultural resources and obtain all necessary permits.

Permanent Work projects that restore a damaged facility essentially to pre-disaster design are excluded from National Environmental Policy Act (NEPA) review through a statutory exclusion (STATEX). All others require NEPA review.  Many qualify for one of the Categorical Exclusions (CATEXs) under NEPA which apply to actions that typically have little or no impact on the environment, as long as there are no “extraordinary circumstances” as defined by DHS.

Projects that involve changes in the location, footprint, alignment, or size of a facility may not meet a CATEX and may adversely affect or have impacts on wetlands; floodplains, flood heights, or upstream/downstream velocities; federally listed threatened and endangered species and their critical habitats; essential fish habitats; historic properties, including archaeological sites; and other environmental or historic resources. If a project does not meet a CATEX, it will require a higher level of NEPA analysis.  The most common higher-level analysis is referred to as an environmental assessment (EA).

FEMA may require proof of outreach to Maine Department of Environment Protection (DEP) or U.S. Army Corps of Engineers (USACE) as part of their review process. FEMA will upload to Grants Portal in the Applicant Event Profile, Documents section, a “Greensheet” for the disaster which provides EHP compliance requirements. Link to example for DR4736 & 4737.

Regulatory Organizations

Maine Historic Preservation Commission
National Register of Historic Places
Maine Department of Environmental Protection (DEP)
US Army Corps of Engineers (USACE)

Policy/Guidance

EHP Compliance – List of Frequent Statutes, EOs, and Regulations (PDF)
EHP Compliance During Disaster Recovery (PDF)
EHP Fact Sheet Environmental Justice (PDF)
Photography Guidance for EHP Reviews (PDF)

Forms (used by FEMA to review projects) 

EHP Completeness Checklist for FEMA EHP Personnel (PDF) (for information purposes only)
Special Consideration Questions (PDF) (for information purposes only)

FEMA Training Video

Understanding PA - EHP and Mitigation
Presentation Slides

406 Hazard Mitigation

Hazard mitigation is any sustained action taken to reduce or eliminate long-term risk to people and property from natural hazards and their effects.  FEMA has authority to provide Public Assistance (PA) funding for cost-effective hazard mitigation measures for facilities damaged by the incident.

FEMA evaluates proposed PA mitigation measures for eligibility, cost-effectiveness, technical feasibility and effectiveness, and compliance with Environmental and Historic Preservation (EHP) laws, regulations, and Executive Orders. In addition, FEMA ensures that the mitigation does not negatively impact the facility’s operation or surrounding areas or create susceptibility to damage from another hazard.

To be eligible for PA funding, the mitigation measures must directly reduce the potential of future damage to the damaged portion(s) of the facility. Generally, eligible PA mitigation measures are those the Applicant performs on the damaged portion(s) of the facility. If the Applicant proposes mitigation measures that are distinct and separate from the damaged portion(s) of the facility, FEMA evaluates the proposal and determines eligibility on a case-by-case basis considering how the mitigation measure protects the damaged portion(s) of the facility and whether the mitigation measure is reasonable based on the extent of damage.

If FEMA approves PA funding for mitigation and the Applicant does not complete the PA mitigation work, FEMA will de-obligate the PA mitigation funds.

Policy/Guidance

Fact Sheet: Mitigate Disaster Damage with FEMA PA (PDF)
Hurricane and Flood Mitigation Handbook for Public Facilities (P-2181) (PDF)
Mitigation Picture Dictionary (PDF)
Alternative Techniques to Riprap Bank Stabilization (PDF)
Partial Implementation of the Federal Flood Risk Management Standard for Public Assistance (Interim), FP 104-22-0003, issued 06/03/2022

Presentation Slides

Partial Implementation of the Federal Flood Risk Management Standard for Public Assistance (PDF)

FEMA Training Video

Understanding PA - EHP and Mitigation 
Presentation Slides (PDF)

Recovery Transition Meeting (RTM)

Once all projects are obligated (projects could still be pending appeals or closeout), the FEMA Program Delivery Manager (PDMG) coordinates with the State to schedule an RTM with the Applicant. This meeting officially transitions management of obligated projects from FEMA to the State. The objectives of the meeting are:

• Ensure all claimed damage is sufficiently and accurately documented
• Discuss record retention requirements
• Explain deadlines for completion of work and appeals, including Net Small Project Overruns
• Ensures the Applicant understands the terms and conditions of the projects (e.g., requirements for environmental and historic preservation, procurement, minimum standards, disposition, etc.)
• Transition primary point-of-contact from FEMA to the State
• Discuss questions or concerns

Determination Memos (DM) and Appeals / Arbitration

When FEMA deems costs ineligible, a Determination Memo (DM) is issued. The DM is an official notification of ineligible costs and provides the reason for ineligibility. The purpose of the DM is to allow the Applicant an opportunity to submit an appeal. The First Appeal is reviewed, and eligibility determined, by the Regional Office, the Second Appeal is reviewed, and eligibility determined, by FEMA Headquarters. After the first appeal denial, the Applicant has the option to submit a Second Appeal or go to Arbitration before the Civil Board of Contract Appeals.

Once a DM is issued, if the project includes eligible costs, the project is progressed through the review process to obligate the eligible costs. If an appeal is granted in full or part, FEMA creates an amendment to the obligated project to capture the approved costs.

To submit an appeal, regulation requires that an applicant’s appeal letter is made in writing, contains documented justification, supporting the applicant’s position, specifies the amount in dispute, and cites relevant, statutes, regulations, and policies with which the applicant believes FEMA’s action was inconsistent.

Once the appeal is drafted it should be uploaded to Grants Portal and an email notification sent to MEMA. MEMA will review the appeal and write a concurrence letter that is uploaded into Grants Portal and the appeal is officially submitted to FEMA.

Deadlines

First Appeal - 60 days from date DM received
Second Appeal or Request for Arbitration - 60 days from notification of First Appeal Denial

Policy/Guidance

FP 104-22-0001 Public Assistance Appeals and Arbitration (PDF)
PA Arbitration Fact Sheet (PDF)
PA Appeals Fact Sheet (PDF)

Navigating Grants Portal (Step-by-Step Instructions)

Submit an Appeal in Grants Portal (PDF)

FEMA Training Video

How-To: Appeals Process in Grants Portal
Presentation Slides (PDF)

Disposition of Purchased Equipment and Supplies

In the context of disposition, equipment is any tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition costs that equals or exceeds the lesser of the capitalization level established by the Applicant for financial statement purposes, or $5,000. Tangible personal property that does not fall under this definition of equipment is a supply.

Disposition Of Purchased Equipment

When equipment purchased with Public Assistance (PA) funding are no longer needed for response to or recovery from the incident, Applicants may use the items for other federally funding programs or projects.

When an individual item of equipment is no longer needed for federally funding programs or projects, Applicants must calculate the current fair market value of the individual item of equipment. Fair Market Value is either the selling price or the advertised price for a similar item in a competitive market. The Applicant must provide the current fair market for items that have a current fair market value of $5,000 or more. FEMA reduces eligible funding by this amount. If the individual item of equipment has a current fair market value less than $5,000, FEMA does not reduce the eligible funding.

Applicants must comply with all disposition requirements described in 2 C.F.R.§200.313(e) Equipment Disposition.
2 C.F.R.§200.313(e) Equipment Disposition

When original or replacement equipment acquired under a Federal award is no longer needed for the original project or program or for other activities currently or previously supported by a Federal awarding agency, except as otherwise provided in Federal statutes, regulations, or Federal awarding agency disposition instructions, the non-Federal entity must request disposition instructions from the Federal awarding agency if required by the terms and conditions of the Federal award. Disposition of the equipment will be made as follows, in accordance with Federal awarding agency disposition instructions: 

1. Items of equipment with a current per unit fair market value of $5,000 or less may be retained, sold or otherwise disposed of with no further responsibility to the Federal awarding agency. 
2. If the Federal awarding agency fails to provide requested disposition instructions within 120 days, items of equipment with a current per-unit fair market value in excess of $5,000 may be retained by the non-Federal entity or sold. The Federal awarding agency is entitled to an amount calculated by multiplying the current market value or proceeds from sale by the Federal awarding agency's percentage of participation in the cost of the original purchase. If the equipment is sold, the Federal awarding agency may permit the non-Federal entity to deduct and retain from the Federal share $500 or ten percent of the proceeds, whichever is less, for its selling and handling expenses. 
3. The non-Federal entity may transfer title to the property to the Federal Government or to an eligible third party provided that, in such cases, the non-Federal entity must be entitled to compensation for its attributable percentage of the current fair market value of the property. 
4. In cases where a non-Federal entity fails to take appropriate disposition actions, the Federal awarding agency may direct the non-Federal entity to take disposition actions.

Disposition of Purchased Supplies

When supplies are no longer needed for federally funded programs or projects, Applicants must calculate the current fair market value of any unused residual supplies (including materials) that FEMA funded for any of its projects and determine the aggregate total. The Applicant must provide the current fair market value if the aggregate total of unused residual supplies is greater than $5,000. FEMA reduces eligible funding by this amount. If the aggregate total of unused residual supplies is less than $5,000, FEMA does not reduce the eligible funding.

Policy/Guidance

Equipment Disposition Under a Federal Award (PDF) 
COVID-19 Pandemic:  Public Assistance Disposition Requirements for Equipment and Supplies FAQ Version 2 (PDF)

After Obligation - Disbursement of Funding and Closeout

Once FEMA obligates (approves) a project, the funds are transmitted to the State for distribution to the Applicant.  

Small Projects (under $500,000)

Once FEMA has obligated (approved) a small project, the State sends an award letter outlining the approved funding and all grant requirements. Funds are generally disbursed by the State upon receiving a small project certification form.

Small Projects ($500,000 to current small project threshold)

Small projects that fall within this approved funding will require full documentation to substantiate costs that are required for Large Projects.  Proof of payment will only be required upon request.

Large Projects (submitted as work completed)

After the project is obligated, the State sends an award letter outlining the approved funding and all grant requirements.  Proof of payment will be required to request reimbursement which includes:

Force Account Labor

• Payroll Register (if not previously provided), or
• Paystubs

Force Account Equipment

(typically associated with Force Account Labor costs)

• If not connected to force account labor costs, proof of payment would include payroll registers for the listed operator(s) to verify they were working at the time the equipment was used.

Purchased Equipment, Rental Equipment, Contract, Materials

• Cancelled check,
• Electronic Funds Transfer (EFT) receipt,
• Copy of check and bank statement,
• Purchasing credit card bank statement (if paid by Applicant), or
• If personal credit card used, proof of employee reimbursement.
• Cancelled check
• Paystub

Large Projects (submitted as work to be completed)

If not previously submitted in Grants Portal, required documentation could include, but not limited to:

• Contract(s) and Amendment(s)
• Proof of proper procurement
  • Request for Proposal (RFP)
  • Bid Tab
  • Scoring Sheet
  • Proposal of successful bidder
• Invoices
• Proof of Payment (as described above)
• Engineered Drawings
• Permits

Project Funds Disbursement/Closeout

MEMA Project Closeout/Documentation Requirements Policy and Checklist (docx)