News & Analysis as of

Public Assistance Disaster Aid

Bradley Arant Boult Cummings LLP

Understanding FEMA & Local Resources in the Wake of Natural Disasters

Experiencing a natural disaster can be overwhelming and devastating. In these challenging times, understanding the available support and assistance can be crucial for your recovery. The Federal Emergency Management Agency...more

Baker Donelson

FEMA is Making Post-Disaster Mitigation Less Expensive for Applicants

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With disasters increasing in frequency, severity, and cost, the Federal Emergency Management Agency (FEMA) has a new financial incentive for applicants to rebuild in ways that will make them more resilient in the face of a...more

Baker Donelson

Landslides and Slope Failures: Navigating FEMA Eligibility in the Wake of Hurricane Helene

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Landslides and slope failures resulting from disasters cause millions of dollars in damage to infrastructure each year. Following a disaster, funding for repair and restoration of infrastructure, including roads and bridges,...more

Baker Donelson

Understanding Disaster Appropriations

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The ever-increasing cost of disasters and Congress' reliance on 11th-hour continuing resolutions (CRs) often result in a storm of questions regarding disaster appropriations. This disaster recovery brief explains some of the...more

Baker Donelson

FEMA Now Accepting Comments on Changes to its Public Assistance Program

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Here Ye! Here Ye! Major changes to federal regulation and policy are happening now! FEMA's new proposed policy guide is open for public comment through August 16 AND comments to FEMA's proposed changes to 44 Code of Federal...more

Baker Donelson

2024 Hurricane Season: Top Ten Tips

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We are one month into the 2024 Atlantic Hurricane Season and already have our first named storm, with significant impacts across some portions of the Gulf States. We have seen a Governor declared emergency in Texas and a...more

Baker Donelson

Impending Supreme Court Ruling on Chevron Deference: Impact on FEMA Dispute Resolution

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Historically, the courts have had little involvement in review of the Federal Emergency Management Agency's (FEMA) decisions regarding the billions of dollars of federal disaster recovery funding that FEMA administers...more

Baker Donelson

Inconsistency Between FEMA's Appeal Policy and Appeal Regulations Proves Fatal to Appeal – and How to Avoid a Similar Fate

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In June, FEMA issued a second appeal decision that seemed incorrect, so we looked into it. The decision – available here – denied a Public Assistance second appeal filed by the East Boulder County Water District (District),...more

Baker Donelson

Filing a FEMA Public Assistance Appeal: The Real-Life Saga of Goldilocks and the Three Bears

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Many of us can recall the famous tale of "Goldilocks and the Three Bears": A girl wanders into a home and tries multiple things, rejecting them until she finds the one that is just right. Appealing an unfavorable FEMA Public...more

Baker Donelson

Hurricane Ian: Declaration Updates – Applying for FEMA Public Assistance

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It has now been two weeks since Hurricane Ian made its historic landfall on the west coast of Florida as a Category 4 hurricane, tying with several other storms as the fifth-strongest hurricane on record to make landfall in...more

Baker Donelson

New FEMA Clarification Regarding Codes & Standards Requirements

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On September 28, 2022, FEMA issued a memorandum to Regional Administrators clarifying the agency's 2019 list of approved codes, specifications, and standards that may be required for Public Assistance-funded projects. This...more

Baker Donelson

Hurricane Ian: Preparing for Public Assistance

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Our thoughts are with our colleagues, clients, and friends affected by Hurricane Ian as it continues to wreak havoc on the State of Florida. At this time, safety of residents, search and rescue, and support of critical...more

Baker Donelson

DEADLINE TODAY: FEMA Produces First Substantive Proposed Approach on Duplication of Benefits for Hospitals

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On September 6, 2022, FEMA publicly released its "Proposed Approach" for dealing with the potential duplication of benefits (DOB) of patient care revenue to public assistance grants. Before this date, FEMA policy statement on...more

Baker Donelson

FEMA Increases Public Assistance Program's Simplified Procedures Small Project Threshold

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The Federal Emergency Management Agency (FEMA) recently revised its regulations regarding the Public Assistance (PA) program that provides grants to state, local, tribal, and territorial governments, as well as eligible...more

Baker Donelson

BREAKING: FEMA Sets Deadlines Applicable to Pandemic Claims

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On April 1, 2022, new information was released regarding the final date that Federal Emergency Management Agency (FEMA) will accept new applicants into its Public Assistance (PA) Program and setting a deadline for submission...more

Baker Donelson

Direct Result of a Disaster

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The Federal Emergency Management Agency (FEMA) provides funding under its Public Assistance (PA) program to eligible applicants (states and territorial governments, tribal governments, local governments and certain private...more

Baker Donelson

Changes to FEMA's Public Assistance Appeals and Arbitrations Regulation Go Into Effect January 1, 2022

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The Federal Emergency Management Agency's (FEMA) Public Assistance Appeals and Arbitrations regulation at 44 C.F.R. § 206.206 will change on January 1, 2022. Recipients and subrecipients should be prepared for changes in...more

Baker Donelson

Anatomy of a FEMA Appeal

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An applicant's right to appeal an adverse Federal Emergency Management Agency (FEMA) Determination can be found in Section 423(a) of the Stafford Act, as implemented by FEMA in 44 C.F.R. § 206.206. Paragraph 206.206(a)...more

Baker Donelson

New FEMA Thresholds and Indicators for Fiscal Year 2022

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The Stafford Act and Federal Emergency Management Agency (FEMA) regulations require FEMA to adjust several programmatic thresholds and indicators each year to reflect changes in the Consumer Price Index for All Urban...more

Baker Donelson

FEMA Seeks Comment on Proposed Change to Disaster Declaration Criteria

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Just before the holidays, FEMA published an 86-page notice of proposed rulemaking in the Federal Register regarding a change to the "Estimated cost of the assistance" disaster declaration factor that FEMA uses to review a...more

Baker Donelson

Changes to the FEMA Public Assistance Program and Policy Guide: Remedies for Procurement Noncompliance

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The latest version of FEMA's Public Assistance Program and Policy Guide (PAPPG), applicable to incidents declared on or after June 1, 2020, removes language that existed in prior versions confirming FEMA's policy to approve...more

Baker Donelson

CORONAVIRUS: Recent Policy and Guidance Updates on FEMA Public Assistance

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Building upon our prior alerts for the COVID-19 Pandemic, including guidance on eligible medical care costs and alternate care sites, the FEMA streamlined application and specific tips for hospitals and other medical...more

Bricker Graydon LLP

FEMA accepting local government applications for its Public Assistance Grant Program for COVID-19 expenses

Bricker Graydon LLP on

On March 13, 2020, a national emergency declaration was made for the COVID-19 (coronavirus) pandemic. Both public and private non-profit institutions of higher education may be eligible for federal assistance with the...more

Best Best & Krieger LLP

Preparing for COVID-19 Pandemic FEMA Public Assistance Reimbursement

Public Agencies Should Take Steps Now to be Eligible for Cost Recovery - If your agency may provide, has provided or is currently providing extraordinary emergency protective measures as a result of the COVID-19 pandemic,...more

Moore & Van Allen PLLC

MVA Monitor - October 2019 #2

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With three weeks to go until a self-imposed deadline for adjournment, it’s unclear whether the Senate will be able to get the votes necessary to override the Governor’s veto of the state budget. It may not matter much as a...more

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