Lesson 3 Overview and Objectives

This lesson provides an overview of when and how Determination Memorandums occur and discusses the relationship between FEMA, Recipient, and Applicant.

At the end of this lesson, participants will be able to:

  • Identify when and how determinations occur
  • Explain the role of FEMA and the Recipient in the Determination Memorandums process
The Importance of Open Communication with FEMA

Applicants should do everything they can to ensure constant communication with their FEMA Program Delivery Manager while they are still deployed to the field to avoid an adverse eligibility determination. If a Program Delivery Manager is no longer available, Applicants should work closely with the Recipient. The Recipient holds an important role for all the work that has been completed and discussing movement of those projects to ensure they align with the original scope of work, properly procured contracts and Applicants are meeting the terms and conditions placed on each project so there are no adverse eligibility determinations at closeout.

FEMA approved a Scope of Work for repairs to a bridge. The approved Scope of Work was for the replacement of the roadway over the bridge. When the Applicant's contractors began the road replacement work, they noticed that the bridge footers were also damaged. The Applicant had the contractor replace the footers, but did not request a scope change approval from FEMA.

After the work was completed, the Applicant submitted the cost of the footer replacement along with the roadway replacement to FEMA. Because this Scope of Work change had not been approved before the work began, FEMA issued a Determination Memorandum and letter stating that the Applicant went above and beyond the approved Scope of Work.

Damage to a bridge foundation in Pineville, MO.
Determination Memorandums Occurrence (1 of 2)

A determination can occur at any point during the grant development or during the Request for Public Assistance. An eligibility determination can occur at any of the following times:

  • A Request for Public Assistance is denied
  • Prior to project formulation, when FEMA determines if a facility was damaged as a result of the event and therefore eligible
  • After the intake damage and eligibility analysis, when FEMA site inspectors have reviewed the Applicant's damage in the field
  • During the Scoping and Costing process, after FEMA reviews the Applicant's scope and cost
  • During compliance reviews, when FEMA must account for special considerations such as environmental or historic preservation, hazard mitigation, and insurance
  • At closeout when the Applicant request closure of the completed projects
FEMA FCO and FEMA Case Worker complete final paperwork to turn over a FEMA Manufactured Housing Unit to an Oglala Sioux Tribal member following a disaster on the Pine Ridge Reservation in SD.
Determination Memorandums Occurrence (2 of 2)

As discussed in the previous lesson, the Public Assistance eligibility determination letter and attached memorandum serves as FEMA's official notice of its Public Assistance eligibility determination. FEMA provides Determination Memorandums for the following reasons:

  • Determining that the Applicant, facility, work, and/or cost is wholly or partially ineligible
  • Awarding a Project or a Project amendment that contains ineligible costs or results in the Applicant receiving less assistance
  • Denying a request for an Alternate Project
  • Denying a request for an Improved Project
  • Denying a hazard mitigation proposal
  • Denying a Request for Public Assistance
  • Denying a request for a time extension
  • Denying any requested funding associated with a request for the closeout of a large project
  • FEMA acting upon an Office of the Inspector General recommendation that results in the Applicant receiving less assistance
  • Denying a change in Scope of Work
FEMA Role in the Determination Memorandums Process (1 of 3)

From the beginning of the Public Assistance grants process and throughout its lifecycle, FEMA will communicate openly and collaborate closely with Applicants and Recipients to ensure clarity and prevent misunderstanding.

Before any eligibility determination is made during project development, the FEMA Program Delivery Manager will ensure constant engagement with the Recipient, Applicant, and FEMA Region to resolve eligibility issues. If the Program Delivery Manager is no longer deployed to the event, the Applicant should work closely with the Recipient, particularly on incomplete projects to ensure potentially eligibility issues are caught early and can be addressed prior to closeout, so it doesn't jeopardize grant funding.

If more information is required to make an eligibility determination and the information is not provided in a timely manner, the FEMA Consolidated Resource Center will issue an informal Request for Information to ensure that the Applicant provides all information necessary for FEMA to make an eligibility determination.

If a Request for Information is issued, it is important for the Applicant to provide all pertinent information and supporting documentation within the designated timeframe.

It is ultimately the Applicant's responsibility to comply (even though FEMA offers advice and guidance) to comply will all regulations, laws and Executive Orders.

A FEMA team member meets with local Emergency officials to determine eligibility
FEMA Role in the Determination Memorandums Process (2 of 3)

FEMA will engage the Recipient and Applicant in informal discussions throughout the eligibility determination process, starting from the Applicant's first meeting. In many cases, open communication resolves misconceptions and provides a path forward.

When informal discussions reach an impasse, Public Assistance staff may offer the involved parties an opportunity to participate in a facilitated discussion led by a FEMA Dispute Resolution Specialist. These facilitated discussions are designed to identify, clarify, and resolve outstanding eligibility issues before FEMA makes a Public Assistance eligibility determination. Facilitated discussions can provide participants with different perspectives, clarity, and possible avenues for resolution. Applicants should take advantage of this service with offered.

Three business people shake hands near a conference table.
FEMA Role in the Determination Memorandums Process (3 of 3)

A facilitated discussion, although not required, may be appropriate when:

  • The parties have not established agreement on the precise eligibility issue involved, or do not understand one another's position on the eligibility issue involved
  • The Applicant is not forthcoming with documentation or information requested and needed by FEMA to resolve the eligibility issue

If an Applicant is offered the opportunity to participate in a facilitated discussion, Public Assistance program staff must inform the Applicant that it will not lose any appeal rights if the Applicant declines, or if a facilitated discussion does not resolve all issues.

A facilitated discussion will take place only if the Applicant agrees to participate. If an Applicant requests a facilitated discussion, it should take place if the Public Assistance Infrastructure Branch Directors and Regional Public Assistance Branch Chiefs determine that such discussion is warranted.

Three business people sitting at a conference table, having a discussion.
Adverse Eligibility Determinations

After the facilitated discussion and careful review of the specific project, FEMA may still issue an adverse eligibility determination if:

  • An Applicant or Recipient does not comply with the conditions of the Public Assistance grant, or
  • It is determined that a specific incident and project does not qualify for Public Assistance

FEMA will issue a Determination Memorandum and letter to inform the Applicant of the adverse eligibility determination. The Determination Memorandum will contain the rationale for the determination and specifically reference any laws and policies supporting the determination.

Determination Memorandum Delivery Method

The eligibility determination letter and eligibility Determination Memorandum will be issued simultaneously to the Recipient and Applicant by certified mail with return receipt requested, and/or by email with read receipt acknowledgment. Applicants should ensure that they provide a read receipt acknowledgment.

The Determination Memorandum will be available for the Recipient and Applicant within the Grants Portal and/or EMMIE. In addition, the FEMA Program Delivery Manager will also review all Determination Memorandums at the Recovery Transition Meeting.

Lesson 3 Summary

In this lesson, you learned how to:

  • Identify when and how determinations occur
  • Explain the role of FEMA and the Recipient in the Determination Memorandums process

The next lesson provides an overview of the Public Assistance Program Determination Memorandums and letters, and the purpose of the Document Index.