RESPONSE AND RECOVERY DIRECTORATE, FEDERAL EMERGENCY MANAGEMENT AGENCY

AUTHORIZATION:

Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, 42 U.S.C. 5121 et seq.; Executive Order 12148, as amended; Reorganization Plan No. 3, 1978.

OBJECTIVES:

To provide supplemental assistance to States, local governments, and political subdivisions to the State, Indian Tribes, Alaskan Native Villages, and certain Private Non-profit organizations in alleviating suffering and hardship resulting from major disasters or emergencies declared by the President.

TYPES OF ASSISTANCE:

Project Grants.

USES AND USE RESTRICTIONS:

Public Assistance is awarded in the form of cost-shared grants to States, local governments, other political subdivisions such as special districts, federally recognized Indian tribal governments and Alaska Native villages or organizations, and certain eligible Private Non-Profit organizations. A State is defined as any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Marianna Islands, the Federated States of Micronesia, or the Republic of the Marshall Islands. Following a Presidential declaration, grants may be made for: removal of wreckage and debris from private and public lands; performance of emergency protective measures; emergency transportation assistance; emergency communications; and permanent restoration of eligible facilities.

ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:   State and local governments, other political subdivisions such as a special districts, federally recognized Indian tribal governments, Alaska Native villages or organizations, but not Alaska Native Corporations, and certain Private Non-Profit organizations in designated emergency or major disaster areas.

Beneficiary Eligibility:   Eligible work must be required as a result of the disasters; be located in a designated emergency or major disaster area; and be the legal responsibility of the applicant.

Credentials/Documentation:   Cost will be determined in accordance with FEMA Disaster Assistance Regulations, 44 CFR Part 206, and the FEMA Schedule of Equipment Rates. Grant awards will be determined in accordance with OMB Circulars No. A-102 and No. A-87 for State and local governments. Awards made to Institutions of Higher Education, Hospitals and other Non-Profit Organizations will be required to follow the requirements of OMB Circulars No. A-110 and No. A-21.

APPLICATION AND AWARD PROCESS:

Preapplication Coordination:   The State Governor makes a request for a Presidential declaration of an emergency or a major disaster through the FEMA Regional Director. Requests for assistance must be made by the Governor in accordance with FEMA Disaster Assistance Regulations, 44 CFR 206.36, except as provided in Part 206.35(d) for emergency declarations involving primarily Federal responsibility. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance.

Application Procedure:   Upon declaration of an emergency or major disaster by the President, application for Public Assistance is made through the Governor's Authorized Representative to the Regional Director of FEMA.

Award Procedure:   Funds are allocated from the President's Disaster Relief Fund for use in a designated emergency or major disaster area. The FEMA Regional Director approves grants from this allocation on the basis of project applications for eligible applicants. States are responsible for distributing funds to applicants. As a condition of receiving assistance under the Stafford Act, applicants are encouraged to take mitigation measures to reduce future losses from natural hazards.

Deadlines:   A Request for Assistance must be submitted by the applicant at the Applicants' Briefing or within 30 days of designation of an emergency declaration or major disaster declaration for the Public Assistance Program.

Range of Approval/Disapproval Time:   From 1 day to 6 weeks.

Appeals:   Any determination made under the Public Assistance Program may be appealed. All appeals must be made through the State and the appropriate FEMA Regional Office listed in Appendix IV of the Catalog. The appeal deadlines are: 60 days to appeal to the Regional Director; an additional 60 days for the second appeal to the Associate Director.

Renewals:   Not applicable.

ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:   The Federal share of the grant is not less than 75 percent with the State and local governments responsible for the remainder.

Length and Time Phasing of Assistance:   The length of the assistance period varies depending on the type of work or service. Reimbursement for small projects under $48,900 is made based on the Federal estimate of costs. For projects over $48,900, reimbursement of actual eligible costs is made as the costs are incurred. The $48,900 limit will be adjusted annually to reflect the Consumer Price Index. When purchase of insurance is required, the applicant is obliged to maintain the policy for the economic and useful life of the repairs or of the insured property, whichever is the lesser. Also, applicants must comply with Floodplain Management, Hazard Mitigation, and Environmental considerations.

POST ASSISTANCE REQUIREMENTS:

Reports:   Progress status reports are required quarterly.

Audits:   Each State is required to have an audit conducted in accordance with the Single Audit Act of 1984, Public Law 98-502, and the Single Audit Act Amendments of 1996, Public Law 104-156. Implementation requirements of this law are established by OMB Circular No. A-133. FEMA's implementing regulations appear at 44 CFR Parts 13 and 14. For fiscal years beginning after June 30, 1996, applicants should consult the Single Audit Act Amendments of 1996, Public Law 104-156 and OMB Circular No. A-133 for changes which are not yet reflected in 44 CFR Parts 13 and 14. OMB Circular No. A-133 provisions have been published in the Federal Register on August 29, 1997. In accordance with the provisions of OMB Circular No. A-133, "Audits of States, Local Governments, and Non-profit Organizations," nonfederal entities that expend financial assistance of $300,000 or more within their fiscal year shall have an audit made for that year. Nonfederal entities that expend less than $300,000 in Federal awards are exempt from Federal audit requirements for that year, except as noted in the Single Audit Act Amendments of 1996 and OMB Circular A-133, but the records must be available for review or audit.

Records:   Expenditure records and related documents must be retained for 3 years from the date the applicant's project application is closed.

FINANCIAL INFORMATION:

Account Identification:   58-0104-0-1-453.

Obligations:   (Grants) Not separately identifiable.

Range and Average of Financial Assistance:   Not available.

PROGAM ACCOMPLISHMENTS:

In fiscal year 1999, 53 disasters and 16 emergencies were declared.

REGULATIONS, GUIDELINES, AND LITERATURE:

Federal Disaster Assistance Regulations, 44 CFR 205 for disasters and emergencies declared prior to November 23, 1988; Federal Disaster Assistance Regulations, 44 CFR 206 for disasters declared on or after November 23, 1988; "Public Assistance Guide," FEMA 322 (formerly FEMA 286); "Public Assistance Policy Digest," FEMA 321; "Public Assistance Applicant Handbook," FEMA 323. See Public Assistance web page at FEMA.gov. Click on Disaster Assistance, then click on Public Assistance.

INFORMATION CONTACTS: