Public Assistance (PA) Program • Authorized by the Stafford Act, as amended, the PA program provides grants to State and local governments, recognized Tribal governments, and certain private non-profit entities to alleviate suffering and hardship resulting from major disasters and emergencies declared by the President. • Based upon a partnership between Applicants, the State, and FEMA • Applicants –identify damages, document costs, manage the projects, and help formulate projects • State –disburses the funds, provides technical assistance to Applicants, and administers the grant. • FEMA –manages the PA program, generally formulates projects, approves funding, provides technical assistance, and ensures compliance with laws and regulations
Declaration by the President • Disaster Number: FEMA-1786-DR-LA • Incident: Hurricane Gustav • Incident Period: August 27 to September 10, 2008 • Disaster Number: FEMA-1792-DR-LA • Incident: Hurricane Ike • Incident Period: September 11, 2008 and continuing • State Coordinating Officer: Mark Riley • Federal Coordinating Officer: Mike Hall
Applicant Briefing Information for Public Assistance • Provides information for local officials that will assist during recovery operations • Briefing is designed especially to provide information on the eligibility requirements of the Public Assistance (PA) Program • Review of required documentation and the rules & procedures necessary for expense reimbursement for eligible expenses • Complete & return the Request for Public Assistance following at conclusion of this briefing.
Incident Period • The Incident Period is the time during which the disaster causing incident occurs • Damage resulting from the disaster must fall within the incident period or be a result of events occurring during the incident period to be eligible • Reasonable emergency protective measures in anticipation of the incident may also be eligible
References • Public Assistance Digest (FEMA 321) • Public Assistance Guide (FEMA 322) • 44 Code of Federal Regulations (CFR) • Robert T. Stafford Act, as amended • 9500 Policy Series • www.fema.gov/government/grant/pa/index • www.louisianapa.com • www.ohsep.louisiana.gov
Application Requirements • FEMA Request for Public Assistance (RPA) • FEMA form 90-49 • W9 Tax ID Number Form • Applicant’s Assurances and Certifications • Designation of Application Agent Form • Memorandum of Understanding • No payments can be made until all these forms are completed and returned to GOHSEP
Application Requirements Private Non-Profits • FEMA Request for Public Assistance (RPA) • FEMA form 90-49 • W9 Tax ID Number Form • IRS Ruling Letter (501c) or Louisiana Secretary of State to include: Charter, By Laws and/or Articles of Incorporation • Applicant’s Assurances and Certifications • Designation of Application Agent Form • Memorandum of Understanding • No payments can be made until all these forms are completed and returned to GOHSEP
What does the Request for Public Assistance (RPA) accomplish? • Notifies FEMA and State of intent to apply for the Public Assistance (PA) Program • Names the applicant’s Point of Contact (POC) • Includes full mailing address • Used to initiate the scheduling of FEMA/State/Local Kick-off meetings
Kick Off Meeting • Conducted by FEMA • Applicant should have identified its damages • Detailed discussions of: • Eligibility • Documentation Requirements • Project Formulation • Insurance Issues • Establishes timeline marker for: • All damages must be identified and reported to FEMA within 60 days • Alternate project requests must be made within 12 months • Applicant generated PWs for Small Projects are due within 60 days
Eligible Applicants • State Government Agencies • Parish Governments • Municipal Governments • Municipal Authorities • School Districts • Indian Tribes
Eligible Applicants Private Non-Profits- Critical • Utility -(Water, Sewer, Energy, Communications) • Emergency -(Fire, Ambulance, Rescue) • Medical -(Hospital, Rehab, Outpatient) • Custodial Care -(Nursing Home)
Basic Work Eligibility If expense is incurred or an item of work is required: • As a result of a Declared Event • Work Is within Designated Disaster Area • Work Is the Responsibility of the Applicant • Not within the Authority of another Program
PA Work Categories Emergency Work • A: Debris Removal • B: Emergency Protective Measures Permanent Work • C: Roads & Bridges System • D: Water Control Facilities • E: Buildings and Equipment • F: Utilities • G: Parks, Recreational and Other
Category A Debris Removal • Debris removal is the clearance, removal, and/or disposal of disaster-related items such as trees, sand, gravel, building components, wreckage, vehicles, and personal property. • Public Assistance funds are available to eligible applicants for debris clearance, removal and disposal operations. Eligible applicants include State and local governments, Indian tribes, and certain private nonprofit organizations.
Category A Debris Removal • Mission Assignments • Direct Federal Assistance (DFA) • Technical Assistance • Public Assistance Grant Program • PA Pilot Program
Category A Debris Removal Eligible debris-related activities may include: • Removing debris from critical roadways and facilities. • Removing debris from curbsides or from eligible facilities and hauling it to either temporary or permanent disposal sites. • Identifying, designing, operating, and closing Debris Management Sites (DMS). • Monitoring debris removal operations. • Demolishing and/or removing disaster-damaged structures and facilities in accordance with FEMA regulations and policies.
Category A Debris Removal Mission Assignment: Technical Assistance & Debris • Provided to States and eligible applicants • 100 percent of Federal Share
Category A Debris Removal Eligible debris-related Technical Assistance activities may include: • Debris management planning instruction • Debris Management Site (DMS) selection criteria development • Debris contracting criteria & PA eligibility • Debris monitoring strategies • Identifying debris recycling opportunities • Addressing Special Considerations issues
Category A Debris Removal Examples of eligible debris removal activities include: • Debris removal from a public right-of-way to allow the safe passage of emergency vehicles; and • Debris removal from public property to eliminate immediate health and safety hazards.
Category A Debris Removal Examples of ineligible debris removal activities include: • Removal of debris from an applicant’s unimproved property or undeveloped land; • Removal of pre-disaster sediment from engineered channels; • Removal of debris from a natural channel unless the debris poses an immediate threat of flooding to improved property; • Removal of debris from Federal lands or facilities that are the authority of another Federal agency.
There are 4 separate components. Participation is voluntary, on per project basis PA Pilot Program The PA Pilot Program is being implemented until 12/31/08 • Grants Based on • Estimates • Categories A, C-G • Large projects • < $500,000 • Payment based on • estimate • No additional • funding for cost • overruns • No appeals • Increased Federal • Share • Category A • Additional 5% to • Applicants with: • FEMA-approved • debris plans & • two pre-qualified & • pre-identified debris • removal contractors • Force Account Labor • Category A • Reimburse the • straight/regular- • time salaries • and benefits of staff • performing • debris-related work • Debris Recycling • Category A • Applicant retains • revenue from the • salvage value • of recyclable disaster • debris
Category BEmergency Protective Measures • Shelter Operations • Emergency Power • Generators for publicly owned facilities is eligible • Safety Barricades and Signs • Equipment and material used are eligible • Health and Safety Hazards • Removal of health and safety hazards is eligible
Category BEmergency Protective Measures • Temporary Repairs • Emergency work such as road detour at damage location, emergency repair to levees, temporary roof repairs to public buildings, building stabilization, mold remediation and rental of temporary facilities for public employees is eligible • Personnel Time • Reserves are eligible if established policy is to pay them (regular and overtime are eligible) • NOTE: Regular time is not eligible for Emergency Work • Equipment Time • Equipment time is eligible • Idle Not eligible
Category BEmergency Protective Measures Examples... • Search and Rescue • Bracing, Shoring • Fire, Police, Medical Services • Emergency Communication and Transportation • Generators • Barricading • Sanding & Ice Removal
Donated Resources • Third Party donated resources are eligible to offset the non-federal portion of the cost share • Donated resources must apply to actual eligible emergency work. For example: • Debris removal • Filling Sand Bags • Shelter Operations • FEMA will establish an hourly rate for volunteer services
Permanent Work • Repair, restoration, or replacement of damaged or destroyed facilities, based on: • Pre-disaster design, capacity, and functional use • Current codes and standards
Permanent Work Can include consideration of: • Cost-effective “discretionary spending” for hazard mitigation as determined by FEMA • Repair versus replacement as determined by FEMA • Relocation
Codes and Standards • When applying codes and standards - to be eligible the following must be true: • Apply to the type of repair or restoration required • Be appropriate to the pre-disaster use of the facility • Be in writing and adopted prior to Declaration • Apply uniformly to similar types of facilities within the jurisdiction of the code granting Authority • Must have been enforced
Category CRoads and Bridges • Necessary Facilities - To be eligible, facilities must be functional prior to the disaster and necessary to the community and local government • On-System Facilities - Facilities funded by other Federal agencies, such as the Federal Highway Administration, are NOT eligible for permanent work
Category CRoads and Bridges • Maintenance- Routine and heavy maintenance is not eligible. Potholes and surface ruts are maintenance items, which are not eligible. • Paving - Loss of paved surface is eligible. Alligatored surface is a sign or normal deterioration and is not eligible. • Standards- Bridge and road standards that have been formally adopted and are in practice, or adopted and placed in effect. prior to project approval by the applicant, are eligible. • Applicants need to have bridge maintenance/inspection records available
Category DWater Control Facilities • Dams and Reservoirs • Levees • Lined and unlined engineered drainage channels • Canals • Aqueducts • Shore protective devices • Irrigation facilities • Pumping facilities
Category EBuildings and Equipment • Restoration -Return to Pre-disaster Design in Accordance with current Codes & Standards • Extensive Damage -Repairs ELIGIBLE only when the building is structurally sound & feasible to repair • Flood Relocation -If Totally Destroyed by Flood, then relocation from the Flood Plain will be studied • Insurance -Commercial Carrier Pays First, • Deductibles and Depreciation are ELIGIBLE • Equipment -Should be replaced with Used/Surplus • Supplies -Replaced to Pre-disaster Quantities • Vehicles -Project written -less insurance, using Blue Book Value (includes Equip)
Category FUtilities • Electrical -Restore to Pre-disaster Condition in the most Economical manner • Sewer Collapse -Damage should be obvious / limited Inspection by TV may be eligible, but must be approved in advance. Cannot search for problems • Cleaning -Only eligible when necessary to restore proper functioning of the system in specific reaches • Revenues -Loss of Revenue is NOT ELIGIBLE • Loss of Inventory -Is ELIGIBLE when documented
Category GParks, Recreational and Other • Trees - NOT ELIGIBLE • Grass - Normally NOT ELIGIBLE • Public Park facilities and structures may be eligible • Beach erosion is eligible on engineered and maintained beaches
Section 406 Hazard Mitigation Mitigation under the Public Assistance programs • Any cost effective measure which will reduce the potential for damage to a facility from a disaster event. • Must apply to the damaged element of the facility. • 44 CFR 206.201
Section 406 Hazard Mitigation Must be cost effective • Benefits exceed costs or the ratio of benefits to costs is greater than one • Permanent Work Categories
Section 406 Hazard Mitigation Possible Suggestions for Hazard Mitigation • Properly secure roof mounted equipment • Install impact resistant glass or shutters • Provide a continuous load path from the foundation through the roof joist • Provide lateral support for wall systems • Increase culvert size • Elevate roadways • Design bridges for greater flood magnitudes • Elevate electrical/other building components • Build ring-levees
Alternate Projects Permanent Work Only • An ALTERNATE PROJECT may be requested by the applicant when it is determined that the public welfare would not be best served by restoring a damaged facility or its function to the pre-disaster design. • When approved by FEMA, an ALTERNATE PROJECT allows the applicant to use the Public Assistance grant for other purposes. Example: Applicant decides not to repair a damaged school and instead wants to use the PA funds granted to make improvements to an undamaged office building, or to purchase new school buses. • Funds for ALTERNATE PROJECTS are limited to 90% of the Federal share of the eligible costs that would have been associated with repairing the damaged facility. PNPs are limited to 75% of the Federal share of the eligible costs.
Alternate Projects Permanent Work Only • Funding used for other permanent work • Funding max is 90% of the Approved Amount • Requires FEMA pre-approval prior to Construction • May require environmental assessment • Requests must be made within 12 months of the Kick-off meeting
Improved Projects Permanent Work Only When performing restoration work on a damaged facility, an applicant may request to make improvements to the facility. Example, the applicant may decide to lay asphalt on a gravel road or replace a firehouse that originally had two bays with one that has three.
Improved Projects Permanent Work Only • The improved facility must have the same function and at least the equivalent capacity as that of the pre-disaster facility. • Funding for such projects is limited to the Federal share of the costs that would be associated with repairing or replacing the damaged facility to its pre-disaster design. • The applicant must obtain approval for an improved project from the State/FEMA prior to construction.
Large Projects • Greater than $60,900, funding is based on documented actual costs • Large projects initially are approved based on estimated costs • Funds generally are made available to the applicant on a reimbursement basis as work is completed • When all work associated with the project is complete, the State performs a reconciliation of actual costs and transmits the information to FEMA for final funding adjustments
Small Projects • Estimated cost under $60,900 • Federal share (75%) paid on approval • State and local is share (25%) paid based on actual or approved which ever less • On completion of all small projects • State final inspection and program review
Final Inspections and Program Reviews Will Be Conducted... • On all large projects • On a sample of small projects • On all applicants
Basic Eligibility - Labor Costs • Emergency Work: • Only overtime is eligible for: • Permanent employees • Re-assigned employees • Seasonal employees • Both regular time and overtime are eligible for non-budgeted employees assigned specially to perform emergency work and would include temporary employees or contractors. • Permanent Work: Both regular time and overtime are eligible FEMA Recovery Policy 9525.7, dated 11/16/06
Basic Eligibility – Equipment Costs • The cost for using Applicant-owned equipment while conducting eligible work is eligible • FEMA maintains a national schedule of equipment rates, which include operation, depreciation, fuel, and maintenance; rates do not include operator labor • You can use either FEMA’s approved equipment rates or locally developed equipment rates, whichever are lower
Basic Eligibility – Material Costs • The cost of supplies that were either purchased or taken from stock and used are eligible • Actual costs should be taken from invoices • Materials must be of reasonable amount and costs
Program Management Cost Direct Grant Management and Administration (M&A) • The Administrative Allowance IS GONE • Regulation (44CFR) has changed