Stafford Act
As you may recall from the IS-552 course, The Public Works Role in Emergency Management, the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) authorizes the President to issue a major disaster declaration to provide federal aid to states overwhelmed by disasters. The Act also defines FEMA’s authority to coordinate disaster and emergency assistance to individuals, households, state and local governments, tribes, businesses, and certain nonprofit organizations.
Overall, the Stafford Act:
- Establishes the Presidential Disaster Declaration process
- Defines the relationship among federal, state, local, Native Alaskan village, tribal, and voluntary agencies for disaster efforts
- Authorizes various types of federal assistance from FEMA, depending on the event
- Defines the cost-sharing arrangements between federal, state, local, Native Alaskan village and tribal governments
Public Assistance (PA)
PA is authorized for publicly owned facilities and certain private, nonprofit organizations that provide "like government" services.
The PA program is generally the public works agency's most utilized funding source for recovery.
The PA program will generally reimburse state, local, and tribal governments up to 75% of eligible and documented costs for disaster-related work. The local required portion of PA is 25%, which is often split between state and local governments, in varying percentages.
Keep in mind that this percentage may be different for tribal governments who work directly with FEMA during the recovery process. For example, if the tribe or native village works through a state, it shares 25% of the costs with the state; if working nation-to-nation, the tribe or native village bears responsibility for the full 25%.
The PA program is structured into various categories that provide a recovery framework for public works officials. These categories contain required guidelines for temporary and permanent recovery work including debris management, emergency protective measures, and roads and bridges.
FEMA, the state, and the tribal or local emergency management organization will assist public works officials during the recovery process to ensure compliance with these critical categories. Links to FEMA 322, Public Assistance Guide, and FEMA 323, Public Assistance Applicant Handbook, are included in the Resource section of the Toolkit.
Individual Assistance (IA)
IA is authorized for individuals and families in a disaster where a state is overwhelmed and a significant number of homes and/or dwellings are damaged or beyond repair. While administrative responsibility for IA does not normally fall under the public works agency's purview, you should be familiar with the program.
Factors that determine an IA declaration include the number of homes impacted, economic ability of the state to respond, special populations within the impacted area, and insurance coverage of the disaster zone(s).
Programs include housing assistance and repair, unemployment compensation, and meeting immediate needs such as assistance for disaster-related medical and dental costs.
FEMA and the local emergency management department are responsible for establishing Disaster Recovery Centers (DRC), where impacted community members can go to register for and receive federal assistance under the IA program and, in some cases, low-interest federal loans from the Small Business Administration (SBA). The SBA remains the largest source of individual and business disaster relief in the United States.
Other Programs
Public works officials often work with projects or partners that can obtain funding outside of the traditional funding streams following a disaster event. It is incumbent upon public works officials to seek such alternate funding when available. For example, if a vital small community airport runway is damaged, public works should seek recovery funding from the FAA before approaching FEMA. Under federal guidelines, FEMA will not repair or replace items (e.g., airport runway) that are under the jurisdiction of another federal agency (FAA).
Additionally, many tribal organizations obtain recovery funding from the federal government that supplements traditional Stafford Act funding. If a project has an existing local government-tribal partnership, or could have such a partnership, then PW can play a critical role in assisting the community with additional funding in the recovery process.
Links to other programs to consult about funding can be found on the Resources page in the Toolkit.