Welcome to the Substantiating Disaster-Related Damage to Buildings, Contents, Vehicles, and Equipment course.
The course will provide an overview of Public Assistance project eligibility of Category E.
By the end of the course, State, Local, Tribal, and Territorial Applicants and Recipients will be able to explain eligibility requirements regarding buildings, contents, vehicles, and equipment.
Upon successfully completing the course, participants will be able to:
Identify the information FEMA required to document disaster-related damage for buildings, contents, vehicles, and equipment
Differentiate pre-existing and deferred maintenance conditions from disaster-related damages
Explain methods for costing disaster-related damage to buildings, contents, vehicles, and equipment
Describe considerations for buildings, contents, vehicles, and equipment within Public Assistance projects
Lesson 1 Overview and Objectives
This lesson provides a general overview of Category E project(s). This lesson also covers eligibility requirements for buildings, contents, vehicles, and equipment under the Public Assistance Program.
At the end of this lesson, participants will be able to:
Identify administrative requirements of the course
State the goals and objectives of the course
Define the work addressed through Category E projects
Category E Projects: Buildings
When discussing buildings and equipment in Category E projects, it is important to understand what exactly is being addressed.
Buildings include:
All structural and non-structural components, including mechanical, electrical, and plumbing systems
Contents and equipment within the building
Furnishings
Category E Projects: Equipment (1 of 3)
Certain items can be confused as to whether they are considered equipment or supplies. 2 Code of Federal Regulations describes both in detail, while 2 Code of Federal Regulations Part 200.94 defines supplies, "Supplies means all tangible personal property other than those described in 200.33 Equipment. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life."
Equipment is best defined in 2 Code of Federal Regulations Part 200.33 which states, "Equipment means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. See also 200.12 Capital assets, 200.20 Computing devices, 200.48 General purpose equipment, 200.58 Information technology systems, 200.89 Special purpose equipment, and 200.94 Supplies."
The following is an example of how an item is deemed an equipment item:
A disaster occurs, and the State has a capitalization level of $4,250.00. The Applicant has a capitalization level of $3,000.00. The damaged item has a cost of $3,250.00. The damage item is deemed an equipment item instead of a supply item, despite the value of the item being less than the $5,000.00 Federal definition.
Facilities
In accordance with 44 Code of Federal Regulations 206.201(c): A facility is defined as:
Any publicly or privately-owned buildings, works, system, or equipment—built or manufactured—or an improved and maintained natural feature.
For the purposes of this course, we will be addressing facilities that are considered for Public Assistance Category E Projects involving building and equipment.
Category E Eligibility Requirements: Buildings (1 of 2)
For buildings and buildings systems, distinguishing between damage caused by the incident and pre-existing damage may be difficult. Before making an eligibility determination, FEMA considers each of the following:
The age of the building and building systems
Evidence of regular maintenance or pre-existing issues, such as water damage from a leaky roof
The severity and impacts of the incident
Mold remediation and removal of mud, silt, or other accumulated debris is eligible as Permanent Work when conducted in conjunction with restoration of the facility.
Category E Eligibility Requirements: Buildings (2 of 2)
The repair of the damaged frame connections to pre-earthquake design in FEMA 352, Chapter 6, is eligible, but only if FEMA approves a specific statement of work for the repairs prior to the Applicant performing the work. Repair of the architectural finishes and fire retardants removed in the area of the damage are also eligible.
Category E Eligibility Requirements: Equipment and Supplies (1 of 2)
Repairing damaged—or replacing destroyed—equipment and supplies with the same number of equivalent items is eligible. Equivalent items are similar in age, condition, and capacity.
The Applicant may replace equipment or supplies with different items used for the same general purpose. However, FEMA caps the eligible cost at the estimated amount for items equivalent to those damaged.
When equipment is not repairable, FEMA uses "blue book" values or similar price guides to estimate the eligible cost.
Category E Eligibility Requirements: Equipment and Supplies (2 of 2)
When a used item is not reasonably available (within a reasonable cost, time, or distance) or does not meet applicable national consensus standards, the purchase of a new item with similar capacity is eligible.
For example, vehicles such as Police cars may not be available in the same make, model, year, or relative mileage. However, there are similar types of vehicles available with similar engine capacity and capabilities. These are some considerations for this type of replacement.
If the cost to replace the item is less than the cost to repair it, FEMA limits Public Assistance funding to the replacement cost.
Category E Eligibility Requirements: Files (1 of 2)
Eligible activities associated with the recovery of files include, but are not limited to:
Recovery of damaged hard copies
Stabilizing the damaged hard copies
Sanitizing damaged hard copies
Photocopying or scanning damaged hard copies to re-establish files
Recovering data from water-damaged computer hard drives
Recovery of damaged hard copies includes labor and materials, such as bags, boxes, and containers. Stabilizing damaged hard copies includes freeze drying. Photocopying or scanning includes labor and materials such as new folders and paper.
Category E Eligibility Requirements: Files (2 of 2)
Not all activities are eligible. Examples of ineligible activities include:
Establishing new information databases
Manually entering data that was lost in damaged computers
Scanning re-established hardcopy files into computers to create digital files
Deciphering photocopies of damaged hard copies
Category E Eligibility Requirements: Research-Related Contents
Reagents and specimen collections are eligible for replacement based on the following criteria:
The number of units of each reagent eligible for replacement is equal to the number actually lost OR to the number necessary to restore basic research activity, whichever is less
FEMA reimburses the purchase price from commercial sources or other institutions, whichever is less. The replacement of reagents that are so unique that they are considered an outcome of a research program is not eligible
Replacing a representative, but not necessarily a whole portion, of a specimen collection may be eligible. To be eligible for replacement, the specimen types should be available for purchase from commercial sources
Category E Eligibility Requirements: Animals (1 of 2)
Animals housed or exhibited in an eligible facility are eligible for replacement with the same number of comparable animals if they are:
Injured to the extent they are no longer able to function for the intended purpose
Killed
A destroyed specimen
A damaged specimen that is not recoverable
The animal is not eligible for replacement if a comparable animal is not available for purchase or the Applicant is unable to obtain a comparable at a reasonable cost
Category E Eligibility Requirements: Animals (2 of 2)
Eligible animals may include, but are not limited to:
Police Animals
Trained and certified rescue dogs
Animals in museums, zoos, or publicly owned nature centers
Fish in fish hatcheries
Taxidermy specimens
Animals used by rehabilitation facilities as part of diagnosis or treatment
Laboratory animals used in an active research program
The replacement of animals on loan to an eligible facility at the time they are destroyed is eligible if the Applicant is able to provide documentation that establishes legal responsibility
Additionally, FEMA may provide Public Assistance funding for actions taken to save the lives of these animals as a Category B emergency protective measure.
Category E Eligibility Requirements: Irreplaceable Collections and Individual Objects (1 of 4)
Collections and individual objects are artifacts, specimens, artworks, archives, public records, and other items that are often considered irreplaceable because of their artistic, educational, historic, legal, scientific, or social significance. They are nonliving and, therefore, do not include animals or plant material, and are usually one-of-a-kind.
Eligible collections and individual objects may be in storage or on display in a public or private non-profit facility and may include items located outdoors, such as sculptures and public art installations.
Category E Eligibility Requirements: Irreplaceable Collections and Individual Objects (2 of 4)
Stabilization of damaged collections or individual objects is eligible. Stabilization is a series of treatment measures to maintain the integrity of a collection or object, and to minimize deterioration.
Stabilization involves taking the minimum steps necessary to return a collection or object to a condition in which it can function in the same capacity as it did prior to the incident.
This includes:
Treating damaged items through proper environmental controls, such as temperature and humidity
Chemical or mechanical cleaning to stabilize items to prolong their existence, maintain their integrity, and minimize further deterioration from the damaging effects of the incident
Additional treatment beyond stabilization is eligible if it is necessary to maintain the integrity of the collection or object and return to its pre-disaster function.
Category E Eligibility Requirements: Irreplaceable Collections and Individual Objects (3 of 4)
In some cases, costs associated with restoring an item to pre-disaster, but not original condition may be eligible.
For example, repairing a tear in a painting that was a direct result of the incident may be eligible, whereas costs to remove signs of pre-disaster aging, such as layers of old varnish, are not eligible.
Costs associated with the development of a treatment plan for a damaged collection or individual object are eligible.
Category E Eligibility Requirements: Irreplaceable Collections and Individual Objects (4 of 4)
Collections and individual objects damaged to the extent that stabilization is not practicable or possible, are considered destroyed. Replacement of destroyed collections or individual objects is not eligible.
Restoring materials, equipment, and exhibition furnishings associated with the storage, display, preservation, or exhibition of collections and individual objects is eligible.
These may include, but are not limited to:
Equipment regulating temperature or humidity
Exhibit panels
Models
Video and audio equipment
Category E Eligibility Requirements: Library Books and Publications
Replacement of damaged or destroyed library books and publications is eligible based on the pre-disaster inventory of the quantities of the books and publications. Re-shelving, cataloging, and other work incidental to the replacement of library books and publications is also eligible.
However, special library collections, including rare books, manuscripts, and other fragile materials, are only eligible for treatment, not replacement.
Identify Administrative requirements of the course
State the goals and objectives of the course
Define the work addressed through Category E projects
The next lesson will explain how to identify and report disaster-related damage incurred by buildings, contents, vehicles, and equipment. It will also describe having an information collection strategy in place.
Lesson 2 Overview and Objectives
This lesson explains how to identify, and report disaster-related damages sustained by buildings, contents, vehicles, and equipment. This lesson also describes having an information collection strategy in place prior to an event.
At the end of this lesson, participants will be able to:
Describe how to identify disaster-related damage for buildings, contents, vehicles, and equipment
Discuss the types of documentation used to verify damage of buildings, contents, vehicles, and equipment
Identifying and Reporting Damage
Identification of disaster related damages is the responsibility of the Applicant. In doing so, Applicants need to develop an information collection and documentation strategy in order to demonstrate damage. The Applicant is required to identify and report all of its incident-related impacts to FEMA within 60 days of the Recovery Scoping Meeting. The Applicant needs to submit this identification in the form of a list of impacts that includes all facility damage, that the Applicant is claiming for PA funding.
It is important to proactively begin the documentation collection process as soon as possible following a disaster event in order to correctly articulate damages for Insurance purposes and Preliminary Damage Assessments. However, following a Presidential Declaration, the Grants Portal will also help facilitate this process and streamline documentation needs specific to grant development.
Information Collection Strategy (1 of 2)
Documentation expectations:
Following the onset of a disaster event, any available documentation is requested during the time of a FEMA/State Joint Preliminary Damage Assessment. The documentation helps to support a possible Presidential Declaration.
Applicants should continue recording damages and establish record keeping protocol(s) in anticipation of a possible declaration. These proactive efforts will be essential to recovery and possible grant reimbursement. Documentation should be organized into damage specific files.
Following a disaster declaration, a FEMA Program Delivery Manager will facilitate an Exploratory Call with the Applicant in order to give an overview of the types of eligible damages and discusses types of documents required to substantiate the grant.
Between the Exploratory Call and the Recovery Scoping Meeting, the Applicant works to identify their damages through a Damage Inventory in the Grants Portal. During this timeframe, any additional documentation supporting damages, work and cost should continue to be captured and uploaded into Grants Portal.
At the Recovery Scoping Meeting, the FEMA Program Delivery Manager discuss each of the damages and identifies the types of documentation needed to support the grant claims.
Following the Recovery Scoping Meeting, the FEMA Program Delivery Manager formulates projects visible in the Applicant's Grants Portal based upon discussion with the Applicant. In addition, the Program Delivery Manager develops an Essential Elements of Information Documentation Request based on questions answered during the meeting. This request is sent to the Applicant for document disclosure and document upload in Grants Portal.
Information Collection Strategy (2 of 2)
Types of information and documentation that will need to be fulfilled in this early stage process include:
Name of the facility
Function of the facility
Map of damaged site or a logical grouping of sites
Specific physical address or GPS coordinates of facility damage in the decimal and degree format. (If the Applicant is unable to take GPS site coordinates in decimal and degrees, they can find a conversion tool online through the Federal Communications Commission)
Documentation to support legal responsibility
Deeds
Titles
Lease agreements
Contracts for facilities under construction
Whether the facility was damaged in a prior incident
Pre-incident photographs of impacted site or facility, if available
Photographs of debris impacts or facility damage
Emergency Work activities
Estimated costs
Whether the project is low, medium, high or urgent priority for repair
Any methods of repair to including possible hazard mitigation measures
Percentage of work complete
Brief description of damage with dimensions
Who performed, or will perform the work
Potential environmental issues or historic preservation considerations
Age of the facility
Age of nearby facilities that may be affected by the project
Complete insurance disclosure, including copy of policy, schedule of values, statements of loss, and settlement documents
Damage Inventory Form (1 of 2)
When identifying disaster-related damage, a Damage Inventory must be completed. This can be found in the Grants Portal under the specific Event in the "Event PA Request" page.
The Damage Inventory can be entered individually or download an Excel spreadsheet template. The template allows for multiple damages to be entered at once. If necessary, the Applicant may request assistance from the FEMA Program Delivery Manager in compiling and organizing the form. However, the Applicant is responsible for identifying the damages within 60 days of the Recovery Scoping Meeting. The spreadsheet includes the following sections:
Category
Name of damage/facility
Address
Global Positioning System coordinates
Damage description
Primary cause of damage
Approximate cost
Percentage of work complete
Labor type
If the facility has received Public Assistance grants in the past
Applicant recovery priority
Damage Inventory Form (2 of 2)
Some components of the Damage Inventory template has drop-down selections to select items instead of a free-form answer. The columns of the form which require selection from the drop-down list are:
Category of Work
Cause of Damage (Ex. Wind, Flood, Tsunami, Earthquake, etc.)
Labor Type
Has the facility received Public Assistance grants in the past
Applicant recovery priority
The "Labor type" section specifically has 6 different options written as acronyms.
Definitions of these labor types is provided at the bottom of the excel spreadsheet and on the list label at the bottom of the page. The labor key for these drop-down options are:
MAA - Mutual Aid Agreement
MOU - Memorandum of Understanding
FA - Force Account
C - Contract
FA/C - Both FA and C
DR - Donated Resources
Damage Inventory Example
The following is an example of a completed damage inventory template spreadsheet.
Ownership and Responsibility
To be eligible, work must be the legal responsibility of the Applicant requesting assistance.
To determine legal responsibility for facility restoration, FEMA evaluates whether the Applicant had legal responsibility of the facility at the time of the incident based on ownership and/or the terms of any written agreements (such as for facilities under construction or leased facilities).
Facility Ownership
When an Applicant requests Public Assistance funding to restore a facility, it is the Applicant's responsibility to provide proof that it owns the facility. To determine ownership, the Applicant will need to be prepared to provide deeds, titles, and/or lease agreements that demonstrate responsibility.
Proof of Ownership for a facility is generally sufficient to establish the Applicant's legal responsibility to restore the facility, provided it is not under construction by a contractor or leased to another entity at the time of the incident.
Damage Description
FEMA creates a Project (which will become a grant) to document details of the Applicant's Project, including a detailed description of the disaster-related damage and dimensions, associated scope of work costs, compliance requirements, and Project specific conditions in order to fund the grant. The Project is assembled through communication, coordination and documentation compiled within the Grants Portal/Grants Manager software.
If the Project involves multiple locations and they are listed separately in the Damage Inventory, FEMA will itemize each location within the same Project. The disaster damage and dimensions, scope of work, and costs for each site will be clearly identified and reconciled within the Project.
Damage Description: Work to be Completed
For "Work to be Completed" projects (Projects where work is 0%-99% complete, FEMA will facilitate a Site Inspection with the Applicant to measure and quantify damage.
The Applicant will identify the damage elements and the FEMA Site Inspector will work with the Applicant to capture dimensions through a Site Inspection Report.
The Site Inspector will compile Damage Description and Dimensions for the project and compile additional information to include site maps, Flood Insurance Rate Maps, photo documentation and site sketches.
The Applicant shall use Grants Portal to review the Site Inspection Package along with the Damage Description and Dimensions in order to reach agreement prior to Scoping and Costing.
Damage Description: Work Completed
For "Work Completed" The Applicant will be responsible to provide information regarding damaged elements, dimensions, and photographs of the damage prior to repair to substantiate the claim. The Applicant will also disclose documents for the repair work involved. The information will be used to compile a Damage Description and Dimensions, Scope of Work, and Costs at the FEMA Consolidated Resource Center.
At the end of grant development, the Applicant will be provided an opportunity to review the project in order to ensure the damaged elements, scope and cost have been addressed correctly.
Damage Description: Hidden Damage
If any hidden damage is found after a scope of work is developed, project modification will be required through a Scope Change request. When an Applicant becomes aware of a scope change, the Applicant must contact the Recipient immediately to ensure compliance and receive approval. The mechanism for notification is through official written correspondence. The Recipient will then review the request and coordinate with the FEMA Regional Office to address the scope change request.
Scope change requests are subject to a complete compliance review to include Environmental and Historic Preservation compliance reviews. Failure to follow this procedure jeopardizes funding for the project. Information to support this change because of hidden damage is:
Documentation substantiating the damage related to the declared incident
Photographs documenting the discovery
Change orders
Methods for repair
Mitigation Opportunities (1 of 2)
Hazard mitigation is any sustained action taken to reduce or eliminate long-term risk to people and property from natural hazards and their effects. FEMA has authority to provide Public Assistance funding for cost-effective hazard mitigation measures for facilities damaged by the incident.
FEMA commonly refers to Public Assistance funded hazard mitigation as Section 406 hazard mitigation and mitigation funded under the Hazard Mitigation Grant Program as Section 404 hazard mitigation. These references are based on the authorizing section of the Stafford Act. Select the following link to access the Stafford Act, then navigate to the applicable section:.
Refer to the course IS-1014: Integrating 406 Mitigation Considerations into Your Public Assistance Grant for more information.
Mitigation Opportunities (2 of 2)
The Recipient must have a FEMA-approved Hazard Mitigation Plan before FEMA will provide Public Assistance funding for any Permanent Work. The plan must show how the Recipient intends to reduce risk from natural hazards and must be updated every five years. The Recipient works with the FEMA Regional Office to ensure compliance.
It is possible that an Applicant may receive both 404 Mitigation and 406 Mitigation funds for a facility. In this scenario, the Applicant has requested 406 Mitigation through a Hazard Mitigation proposal on the FEMA Public Assistance Project which will repair the facility. The 406 Mitigation Proposal will address the mitigation to disaster damaged elements. Then, the Applicant may apply to the Recipient for 404 Mitigation assistance to mitigate additional elements of the facility which were not damaged during the event to receive support beyond the FEMA Public Assistance Program.
Example: A courthouse was impacted by a Category 4 Hurricane. As a result, 22 out of 46 windows were shattered by flying debris. The FEMA Public Assistance Program will address repair and replacement of the 22 hurricane damaged windows. During the grant development process, the Applicant requested 406 mitigation in order to replace the 22 windows with impact resistant glass. Cost benefit considerations for the repair were examined and met in accordance with the program and additional funding was provided. While facilitating the repair, the Applicant desired to upgrade the remaining 24 windows with hurricane resistant glass. Since these windows were not damaged in the event, the Applicant applied to the Recipient for 404 Mitigation funding.
Refer to the course IS-1014: Integrating 406 Mitigation Considerations into Your Public Assistance Grant for more information.
Insurance (1 of 2)
Applicants that receive Public Assistance funding for permanent work to replace or repair, a facility must obtain and maintain insurance to protect the facility against future loss. This requirement applies to insurable facilities or property (buildings, contents, equipment, and vehicles). FEMA refers to this as the requirement to "obtain and maintain" insurance or the "insurance requirement."
By law, Applicants must comply with this requirement as a condition of FEMA assistance.
FEMA applies this requirement to buildings, contents, equipment, and vehicles.
FEMA does not require Applicants to obtain and maintain insurance for temporary facilities.
The Applicant must insure facilities with the types and extent of insurance reasonably available, adequate, and necessary to protect against future loss to the property. The type of insurance refers to the hazard(s) that caused the damage and extent refers to the amount of insurance required, which is calculated based on the eligible costs prior to any reductions (including the non-Federal share reduction).
The Applicant may comply with the insurance requirement for both flood and non-flood hazards with coverage available through commercial property insurance, which may include blanket insurance policies, standard flood insurance policies, insurance pools, or a combination of these sources. In some cases, with FEMA approval, the Recipient may comply with the insurance requirement using a self-insurance plan.
If the Applicant does not comply with the requirement to obtain and maintain insurance, FEMA will deny or de-obligate Public Assistance funds from the current disaster.
Insurance requirements to include obtain and maintain compliance are specifically specified within each project. The Applicant may examine their project requirements within the Grants Portal by accessing the project. In addition, the Applicant may access this information by downloading the Project Report. FEMA Program Delivery Managers will also discuss these requirements for each project while meeting with the Applicant during the Recovery Transition Meeting.
Refer to the course IS-1015: Insurance Considerations, Compliance, and Requirements for more information. We will also go into more detail on insurance policies in the next lesson.
Other Information
When identifying and reporting disaster-related damages other information may be needed for contents, vehicles, and equipment. Whenever available, keep record of:
Bar Codes
Vehicle Identification Numbers
Serial Numbers
Inventory Listings
Equipment plate (Shows specifications and capacity of the equipment)
Other Information: Abandoned Vehicles (1 of 2)
Vehicles and vessels may be damaged, destroyed, displaced or lost as a direct result of a disaster. These vehicles and vessels may eventually be abandoned because of the damage incurred or because the original owners have relocated. Vehicles and vessels may be classified as debris if they block public access and critical facilities. The local government must go through the procedure of claiming ownership of these abandoned vehicles before they will be able to claim removal of these vehicles.
Other Information: Abandoned Vehicles (2 of 2)
For abandoned vehicles and vessels, documentation supporting that the Applicant followed applicable ordinances or laws for private vehicle and vessel removal is required.
Removal of privately owned vehicles and vessels is eligible if all of the following conditions are met:
The vehicle or vessel blocks access to a public-use area
The vehicle or vessel is abandoned, and the Applicant is unable to identify the owner
The Applicant follows applicable State, Territorial, Tribal, and local government ordinances or laws for private vehicle or vessel removal
The Applicant verifies the chain of custody of the vehicle or vessel
Other Information: Equipment and Contents
Applicant-Owned (Force Account) Equipment:
For each piece of equipment:
Type of equipment and attachments used, including year, make, and model
Size/capacity (e.g., horsepower, wattage)
Locations and days and hours used with usage logs
Operator name
Schedule of rates, including rate components
Rented or Purchased Equipment:
Rental or lease agreements
Invoices or receipts
Days used
Purchased Supplies:
Receipts or invoices
Lesson 2 Summary
In this lesson, you learned how to:
Describe how to identify disaster-related damage for buildings, contents, vehicles, and equipment
Discuss the types of documentation used to verify damage of buildings, contents, vehicles, and equipment
The next lesson will explain the initial documentation requirements for Category E projects.
Lesson 3 Overview and Objectives
This lesson covers the documentation requirements for buildings, contents, vehicles, and equipment, covered under Category E projects. This lesson discusses the disclosure process for required documentation, as well as factors associated with cost eligibility in determining actual cost for work to be completed. Last, this lesson describes the schedule of values.
At the end of this lesson, participants will be able to:
Explain the initial documentation requirements for Category E projects
Required Documentation (1 of 2)
FEMA and Recipient work with the Applicant to formulate incident-related damage and work into projects based on logical groupings of the damage. This process is a collaborative effort beginning at the Recovery Scoping Meeting and concluding with a Recovery Transition Meeting.
FEMA Program Delivery Manager develops Projects to address details of the Applicant's damage and repair. The Project includes a detailed description of the disaster-related damage and dimensions and the associated scope of work and costs for a facility or a group of facilities.
Required Documentation (2 of 2)
In accordance with laws, regulations, Executive Orders, and policies, FEMA requires documentation to demonstrate damage, account for costs and support the work.
FEMA Program Delivery Manager and Recipient work with the Applicant to obtain documentation to support eligibility. However, it is the Applicant's responsibility to substantiate its claim as eligible. If the Applicant does not provide sufficient documentation to support its claim, FEMA cannot provide Public Assistance funding for the work.
Required Documentation: Damage Eligibility (1 of 2)
In accordance with 44 CFR 206.202 (d)(1)(ii), which states, "The Applicant will have 60 days following its first substantive meeting with us to identify and to report damage to us."
The Applicant is required to identify and report all of its disaster-related damage, emergency work activities, and debris quantities to FEMA within 60 days of the Recovery Scoping Meeting.
FEMA may extend the deadline for identifying and reporting damage if the Recipient submits a request in writing with justification based on extenuating circumstances beyond the Recipient's or Applicant's control. For example, if disaster circumstances are of a significant magnitude that damages cannot be identified within the timeframe due to scope or continuous disaster response needs, FEMA may extend the deadline for the disaster.
On an individual case by case basis, the FEMA Infrastructure Branch Director and/or Public Assistance Group Supervisor may be able to review and approve individual damages submitted by the Applicant beyond the 60-day regulatory timeframe within Grants Portal. For these damage discoveries, the Applicant will need to submit an explanation of circumstances for the late submittal. The justification will be a critical review component of the approval process, so Applicant's should ensure they provide any and all circumstances with their submittal.
Required Documentation: Damage Eligibility (2 of 2)
FEMA conducts site inspections with the Applicant to codify, quantify, and document the cause, location, and details of the reported damage and impacts. The FEMA Site Inspector will also coordinate with the FEMA Program Delivery Manager and FEMA Special Considerations staff in order to document and articulate any observed environmental and historic preservation considerations and/or hazard mitigation opportunities.
The following is documentation FEMA may request to determine the eligibility of damage claimed and is often helpful to bring to the FEMA Site Inspection in order to support codification of the damage.
For Permanent Work:
Photographs of site, overall facility, and specific damage
Detailed description of damage with specific dimensions
Drawings, sketches, and plans (to scale) of disaster-related damage
Plans and specifications showing pre-disaster design of the facility
Documentation supporting pre-disaster condition of the facility (e.g., facility maintenance records, inspection/safety records)
Required Documentation: Scope of Work (1 of 8)
The FEMA Public Assistance Program provides funding to restore facilities and equipment to the pre-disaster condition. Therefore, it is critical that the Damage Description and Dimensions correctly articulates the pre-disaster condition and the elements which were damaged. The critical components of a Damage Description and Dimensions include:
When: The date(s) of when the damage within the Incident Period
How: The cause of the facility damage (ex: Hurricane, earthquake, flood, tornado, etc.)
Who: The Applicant affected and statement of their responsibility to repair damage
Where: The facility that was damaged
What: The damaged components of the facility
How Much: The physical dimensions and quantities of the damaged elements
Refer to the course IS-1007: Detailed Damage Description and Dimensions for more information.
Required Documentation: Scope of Work (2 of 8)
Work to be completed projects, where a FEMA Site Inspection is performed, will have a Damage Description and Dimensions that is compiled by the FEMA Site Inspector. After the Applicant agrees on the damage description and dimensions, the Scope of Work along with the cost of repairs or replacement is established for the project is developed.
In addition to the developed Damage Description and Dimensions, the FEMA Program Delivery Manager will work to obtain information from the Applicant which will support the development of the Scope of Work and the estimate for cost.
Refer to the courses IS-1001: The PA Delivery Model Orientation and IS-1007: Detailed Damage Descriptions and Dimensions for more information.
Required Documentation: Scope of Work (3 of 8)
There are two primary methods for the development of the Scope of Work and Costs for work to be completed projects:
Information provided through the Applicant approved Damage Description and Dimensions, along with information provided by the FEMA Program Delivery Manager within the Grants Portal Essential Elements of Information Questionnaire will be compiled at the FEMA Consolidated Resource Center to develop the Scope of Work and Project costs.
The Applicant will develop their own Scope of Work and costs for a project. This developed Scope of Work and Project costs, along with responses to the Essential Elements of Information Questionnaire, and the Damage Description will be validated to ensure the proposed work and costs restore the facility to pre-disaster condition and are reasonable.
Refer to the course IS-1001: The PA Delivery Model Orientation for more information.
Required Documentation: Scope of Work (4 of 8)
For project addressing facilities where repairs are 100% Complete, Applicants will need to be prepared to demonstrate the damage condition existed prior to the repair and was a result to the declared event. This is facilitated through the disclosure of:
Damage photos
Inventories
Professional Inspection Reports
Additional information if necessary such as Insurance Adjustor Inspections
Demonstration of costs incurred through documentation
Refer to the course IS-1001: The PA Delivery Model Orientation for more information.
Required Documentation: Scope of Work (5 of 8)
Supporting documents are compiled by the Applicant and submitted to FEMA through the Grants Portal. The FEMA Program Delivery Manager supports the Applicant with the upload of documentation and ensures the Essential Elements of Information Questionnaire is completed.
Once all documents are uploaded, the FEMA Program Delivery Manager will coordinate with the FEMA Consolidated Resource Center who develops the Damage Description, the Scope of Work and cost for the project.
Upon completion, the Applicant will have an opportunity to review the project and reach agreement. If there are any discrepancies or errors, the Applicant may request revision through collaborative process with the Recipient and the FEMA Program Delivery Manager.
Refer to the course IS-1001: The PA Delivery Model Orientation for more information.
Required Documentation: Scope of Work (6 of 8)
During the development process, the Applicant will also have an opportunity to submit a Hazard Mitigation Proposal. The proposal is a request to repair damaged elements to a condition over and above the existing in order to prevent future damages for the same type of event.
Refer to the course IS-1014: Integrating 406 Mitigation Considerations into Your Public Assistance for more information.
Required Documentation: Scope of Work (7 of 8)
The FEMA Program Delivery Manager will support the Applicant through the Grants Portal to satisfy documentation requirements.
Examples of documentation that will be requested include:
Documentation supporting contract work, force account labor and equipment, materials purchases, and any rental equipment necessary to repair
Insurance documentation
Site map showing the location of the damaged facility
Drawings, sketches, and plans (to scale) of the existing damaged facility and/or proposed or completed repairs
Applicable design requirements involving the American Disabilities Act
Applicable repair/reconstruction codes or standards and documentation to support they have been formally adopted, implemented, and uniformly applied
Replacement projects: estimate for 50% Rule calculations (this is not established by the Applicant, but FEMA will utilize any Applicant provided information of cost in consideration of the calculation)
Relocation projects: justification for relocation request
Hazard mitigation proposals
Required Documentation: Scope of Work (8 of 8)
For Permanent Work (continued):
Hydrologic and hydraulic studies that address potential upstream and downstream impacts (if applicable)
Technical studies, reports, and assessments (including environmental assessments)
Historic property designations or surveys, including archaeological surveys
Copies of permits and correspondence with regulatory agencies
State, Territorial, or Tribal Historic Preservation Officer (historic properties)
U.S. Army Corps of Engineers (work involving dredging or discharging dredged materials or fill in waterways or wetlands)
U.S. Fish and Wildlife Service (federally listed threatened and endangered species, migratory birds, work in Coastal Barrier Resource Systems areas, work in or near waterways or wetlands)
National Marine Fisheries Service (federally listed threatened and endangered species, work in or near waterways or wetlands)
State, Territorial, or Tribal environmental agencies
Essential Elements of Information Questionnaire
During the Recovery Scoping Meeting, the Program Delivery Manager will discuss documentation requirements for projects. Following this meeting and project formulation of the damages, the FEMA Program Delivery Manager will address the Essential Elements of Information Questionnaire which will be visible to the Applicants and the Recipient within Grants Portal.
The FEMA Program Delivery Manager will respond to the questionnaire using the Applicant's answers, which will generate a list of required documentation the Applicant shall be required to provide. In addition, responses to the questionnaire will open dialogue boxes within the Questionnaire that require response. The FEMA Program Delivery Manager works together with the Applicant to address these specific questions with reconciled answers.
When the Program Delivery Manager is working with the Applicant, s/he will continue to show them what types of documentation they will have to provide in accordance with Essential Elements of Information requirements. These will be listed by category and sub-category (Examples including Force Account labor, equipment, contract, materials, and rented equipment). The documentation provided is specific to the project to support the Damage Description and Dimensions, the scope of work, and the project costs.
Grants Portal
After the Recovery Scoping Meeting occurs, the Applicant will upload supporting documentation for their facility, work, and cost claims within the Essential Elements of Information component of the project in Grants Portal. The FEMA Program Delivery Manager will continue to support through a Program Recovery Plan and will help the Applicant with their document uploads where necessary as a component of the customer service approach.
The following demonstrates how the Essential Elements of Information component of a project is satisfied:
Navigate to the "My Organization" section on the task pane and select "My Organization"
Select "Event PA Requests"
Select the magnifying glass to the left of the project you are working on
Scroll down to the "Projects" bar with the "Event PA Requests Profile" and select the down arrow to expand the "Projects" bar
Once the "Projects" bar is expanded, the Applicant can view the projects which have pending Essential Elements of Information and answer any unanswered questions.
Grants Portal: Document Upload (1 of 5)
When the "Projects" bar is expanded the Applicant can continue to upload documents to that specific project.
Uploading Documentation for Essential Elements of Information:
Select the magnifying glass next to the project to update
Select the "View Project EEI" or simply scroll down and expand the "Essential Elements of Information" bar
Locate the Essential Elements of Information to be updated and select the magnifying glass to the left of it
Review the questions and prepare the appropriate documents to be uploaded
Grants Portal: Document Upload (2 of 5)
Once the Essential Elements of Information is reviewed and the document to be prepared are complete, the Applicant begins the uploading process.
Uploading Documentation for Essential Elements of Information:
Scroll down to the Required Documents bar and expand it by selecting the down arrow
Select the first blue "Add" button next to the requested supporting documentation
Grants Portal: Document Upload (3 of 5)
After selecting the blue "Add" button, a pop-up window labeled the name of the supporting document you are going to upload appears.
Uploading Documentation for Essential Elements of Information:
Select the green "Upload New" button in the bottom-right corner of the screen
Select the green "Select Document" button on the pop-up window labeled "Add Document"
Select the appropriate document by navigating to where it is saved
Select "Open"
Grants Portal: Document Upload (4 of 5)
The Applicant can change the file name and complete the "Description" box and selects a category (document type) it pertains to from the dropdown list. This "tags" the document.
Uploading Documentation for Essential Elements of Information:
Rename document name (if necessary)
Type the description of the document
Select "Category" to add a document tag
Select the blue "Add Document" button
Grants Portal: Document Upload (5 of 5)
After selecting the "Add Document" button, Grants Portal directs the Applicant to a pop-up window labeled "Upload New Document to EEI". Here the Applicant will verify that they have uploaded the correct document.
Uploading Documentation for Essential Elements of Information:
Hover over the file name to verify it is the correct document. This triggers a "File Details" box that will show the Description, Category, and file size of the document
Select the green "Attach Selected" button
Repeat this process until all documents have been uploaded and you see a green confirmation check mark next to each requested document.
This completes the process for uploading required documents to the Essential Elements of Information on Grants Portal.
Eligibility will be determined based on the overall project and its supporting documentation.
Grants Portal: Add Comments (1 of 3)
While in Grants Portal, you may want to add comments to your Essential Elements of Information. Adding comments to an Essential Element of Information is an easy process. An Applicant should add a comment if there is no supporting documentation or if they want to refer FEMA to a different document that was uploaded.
If the Applicant has the same document listed in multiple sections in Grants Portal but does not want to re-upload it multiple times, they can add a comment indicating where the document is uploaded.
Add comments to an Essential Elements of Information:
Navigate to the "Required Documents" bar within the Essential Element of Information and select the "Add" comment bubble to the right of the "Add" document
Grants Portal: Add Comments (2 of 3)
This will cause an "Add Comment" pop-up window to appear. In the comment box, the Applicant can:
Type the comment
Select the type of comment
Document Unavailable - Reason
General Comment
Then select the green "Save" button to close the pop-up window
Grants Portal: Add Comments (3 of 3)
After the Applicant closes out the pop-up window, return to the Required Documents bar.
Review comments to an Essential Elements of Information:
The Applicant selects the comment that now appears to the right of the "Add" comment bubble to verify that the comment added is accurate
Pre-Disaster vs. Post-Disaster Documentation
The following are examples of pre- and post-disaster documentation.
Pre-Disaster
Post-Disaster
Ownership titles
Insurance documents
Pictures of facility
Maintenance records
Organization policies (Ex: Procurement and Payroll Policies)
Working floor plans of the facility
Content inventory records
Pictures of damage
Cost and documentation of work completed
Insurance Adjustor documents
Engineering evaluations
Environmental or historical documents
Contracts procurement process/awarded
Force Account timesheets/equipment/materials
Reasonable Cost (1 of 3)
A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the Applicant makes the decision to incur the cost. This is in accordance with 2 Code of Federal Regulations 200.404 Reasonable costs.
FEMA determines reasonableness by evaluating whether:
The cost is of a type generally recognized as ordinary and necessary for the type of facility of work
The cost is comparable to the current market price for similar goods or services based on:
Historic documentation
Average costs in the area
Published unit costs from national costs estimating databases
Reasonable Cost (2 of 3)
FEMA determines reasonableness by evaluating whether (cont'd):
Any of the following factors caused escalation of costs:
Shortages in equipment, materials, supplies, labor, or contractors. When escalating costs are due to shortages, FEMA considers whether the Applicant's work continued beyond the period of shortages and whether there was an opportunity for the Applicant to obtain more reasonable pricing
Project-specific complexities, such as environmental or historic issues, remote access or location, provision of a unique service with few providers, or elements requiring an extraordinary level of effort
The Applicant deviated from its established practices
Exigent circumstances existed. If so, FEMA evaluates the length of time the circumstances existed compared to the length of time costs were incurred
The Applicant participated in ethical business practices, ensuring parties to a transaction are independent of each other, without familial ties or shared interest and on equal footing without one party having control of the other
The Applicant complied with procurement requirements
Reasonable Cost (3 of 3)
The Applicant is responsible for providing documentation to demonstrate its claimed costs are reasonable. If FEMA determines any of the costs to be unreasonable based on its evaluation, FEMA may disallow all or part of the costs by adjusting eligible funding to an amount it determines to be reasonable.
Project Cost (1 of 2)
FEMA or the Applicant prepares the Project based on actual or estimated costs as follows:
If the Applicant has completed the scope of work, the Project is prepared based on actual documented costs
If the Applicant has not completed the scope of work, FEMA and the Applicant work together to estimate costs and reach agreement.
Project Cost (2 of 2)
FEMA uses the Applicant's cost estimate if the estimate:
Is prepared by a licensed Professional Engineer or other estimating professional, such as a licensed architect or certified professional cost estimator who certifies that the estimate was prepared in accordance with industry standards
Includes certification that the estimated cost directly corresponds to the repair of the agreed upon damage
Is based on unit costs for each component of the scope of work and not a lump sum amount
Contains a level of detail sufficient for FEMA to validate that all components correspond with the agreed-upon scope of work
Is reasonable
If the Applicant lacks the resources, it may request technical assistance from FEMA to develop the cost estimates.
Insurance: Required Documentation
Lesson 2 addressed insurance obtain and maintain requirements for facilities. FEMA Program Delivery Manager will work with Applicants to upload insurance documents into Grants Portal and they will coordinate with the FEMA Consolidated Resource Center regarding all insurance documentation needs.
At a minimum, the Applicant must provide a proof of insurance coverage, including:
Complete copy of policy
Schedule of values
Statements of loss
Settlement documents
It is recommended that Applicants upload the insurance documents on the Organization Profile prior to a Federally declared event. For additional information requiring full document disclosure and Insurance Compliance requirements, Applicants are encouraged to review and complete IS-1015: Insurance Considerations, Compliance, and Requirements.
Considerations: Duplication of Benefits and Applicant Responsibility
Applicants must remain cognizant to duplication of benefit hazards and ensure that damage claims are their responsibility for repair. While the FEMA Public Assistance Program staff take prudent measures to support the Applicant in these issues, the Applicant remains responsible for identifying these considerations in a timely manner.
The following screens describe examples to consider in respect to Category E: Buildings and Equipment.
Considerations: Duplication of Benefits and Applicant Responsibility Example (1 of 7)
Examples to consider in respect to Category E: Buildings and Equipment Work include, but are not limited to:
The County owns a building and the City rents the building. The building and the contents are damaged. According to the lease documents, the County is responsible for the building repairs and will claim these damages. The City has lost their contents and will request reimbursement for this specific loss.
Considerations: Duplication of Benefits and Applicant Responsibility Example (2 of 7)
Examples to consider in respect to Category E: Buildings and Equipment Work include, but are not limited to:
A Housing Authority has sustained heavy damage to an affordable housing complex. The FEMA Public Assistance staff will examine the Housing Authority's responsibility for the facilities and maintenance. In the meantime, the residents lost personal possessions and they will need to independently pursue support for their losses through recovery programs outside of the Public Assistance Program.
Considerations: Duplication of Benefits and Applicant Responsibility Example (3 of 7)
Examples to consider in respect to Category E: Buildings and Equipment Work include, but are not limited to:
Damage occurs at an airport terminal and the hangars. The Applicant is the airport authority. The Applicant must be prepared to demonstrate what the Federal Aviation Administration Authority responsibility and prevent any duplication of benefits.
Considerations: Duplication of Benefits and Applicant Responsibility Example (4 of 7)
Examples to consider in respect to Category E: Buildings and Equipment Work include, but are not limited to:
A school has been heavily damaged. Due to the magnitude of the event, the Recipient has established a grant fund called "Operation Rebuild our Schools". From this program, the School Board receives money to cover the insurance deductible and the costs above and beyond insurance coverages for the damaged facility. As a result, the repairs have been funded though sources outside of the Public Assistance Program and would be a duplication of benefits.
Considerations: Duplication of Benefits and Applicant Responsibility Example (5 of 7)
Examples to consider in respect to Category E: Buildings and Equipment Work include, but are not limited to:
A private nonprofit museum is catastrophically flooded. The museum has a trust endowment established by a donor for the replacements and restoration of museum displays. Disaster recovery is accomplished through this capacity and there are no eligible FEMA Public Assistance costs for these displays, but other damaged components of the museum may be considered.
Considerations: Duplication of Benefits and Applicant Responsibility Example (6 of 7)
Examples to consider in respect to Category E: Buildings and Equipment Work include, but are not limited to:
At Kiwanis Park Little League Complex field house was destroyed, which is considered a non-critical private nonprofit facility. A reality television show has become aware of the damage and motivated many volunteers to restore the fieldhouse. As a result, there are no applicable repair costs for consideration under the FEMA Public Assistance Program.
Considerations: Duplication of Benefits and Applicant Responsibility Example (7 of 7)
Examples to consider in respect to Category E: Buildings and Equipment Work include, but are not limited to:
A Private Non-Profit facility was destroyed. Private industry contractors have made significant repairs in the community and have earned a substantial amount of money as a result. These contractors team up and repair the facility for free as a tax benefit donation. There is no cost to the Applicant for repairs and there are no funding considerations.
Required Documentation: Scope Changes and Scope Change Requests (1 of 4)
While proceeding with work on a facility, it is not unusual to experience damage discoveries which were not previously known. These discoveries may occur during the Public Assistance grant development process or after the development and obligation of the grant for the repair. When a discovery is made, it is crucial this information is communicated with the Recipient and FEMA to prevent a loss of funding or jeopardy of the grant as a whole.
As a reminder: Grants are written to address repair of the identified damaged elements to pre-disaster condition through a specific Damage Description and Scope of Work. Timely identification, documentation and communication is critical to ensuring maximum recovery grant award and benefit.
Required Documentation: Scope Changes and Scope Change Requests (2 of 4)
For Grants in initial development, the Applicant should immediately contact the FEMA Program Delivery Manager, so the discovery can be addressed prior to initial grant obligation/award of funds. The process should be through phone or email notification, followed by a comment entry into the project into Grants Portal.
Required Documentation: Scope Changes and Scope Change Requests (3 of 4)
Once a grant is awarded and for post award discoveries, a written request from the Applicant to the Recipient, including detailed justification and documentation to support the eligibility of the requested revision. If the request involves previously unreported damage, the Applicant must also provide documentation demonstrating how the incident caused the damage.
Scope of work change requests require a full compliance review to include considerations for insurance, environmental and historic preservation compliance, and mitigation. The reviews and overarching approval must be received prior to the start of the work. Completion of work prior to approval may jeopardize funding due to these considerations.
The following indicates the information necessary for FEMA to evaluate a request for a change in scope of work.
Required Documentation: Scope Changes and Scope Change Requests (4 of 4)
Information to support change in scope of work:
Detailed changes to scope of work to include a listing of damaged elements, dimensions, and any available cost estimates
Reason for changes:
More cost-effective repair: both cost estimates
Original scope of work not feasible: supporting documentation such as technical reports to demonstrate the condition
Hidden damage (found during performance of eligible work):
Documentation substantiating the damage is related to the declared incident
Photographs documenting damage
Change orders
Identification of damage elements and dimensions
Construction timeline / project schedule
Time extension, if necessary
Refer to the courseIS-1017: Scope Change Requests, Time Extensions, Improved/Alternate Project Requests for additional information regarding these considerations.
Lesson 3 Summary
In this lesson, you learned how to:
Explain the initial documentation requirements for Category E projects.
The next lesson will provide an overview of applicable codes and standards and their effect on repair/replacement projects of buildings, contents, vehicles, and equipment. It will also cover additional eligibility considerations.
Lesson 4 Overview and Objectives
This lesson provides an overview of applicable building codes and standards and their effect on repair/replacement projects of buildings, contents, vehicles, and equipment. This lesson also covers additional eligibility considerations, such as special considerations, for buildings, contents, vehicles, and equipment.
At the end of this lesson, participants will be able to:
Provide an overview of applicable codes and standards for facilities
Explain the special considerations for buildings, contents, vehicles, and equipment
Codes and Standards
FEMA provides Public Assistance funding to restore facilities on the basis of pre-disaster design and function in conformity with current applicable codes, specifications, and standards.
Facility repairs and new construction may "trigger" upgrade requirements established by codes and standards. Upgrades required by Federal, State, Territorial, Tribal, or local governments to repair or replacement codes and standards are eligible, only if the code and standard:
Applies to the type of restoration required
Is appropriate to the pre-disaster use of the facility
Is reasonable, in writing, formally adopted by the State, Territorial, Tribal, or local government, and implemented by the Applicant on or before the declaration date, OR is a legal Federal requirement
Applies uniformly
Was enforced during the time it was in effect
Refer to the course IS-1019: Codes and Standards for more information about FEMA's applicable codes and standards.
Adopted Codes and Standards
Codes and standards must be in writing, formally adopted by the State, Territorial, Tribal, or local government, and implemented by the Applicant on or before the declaration date, OR be a legal Federal requirement. An appropriate legislative body or regulatory authority within the jurisdiction must:
Approve the code or standard
Make it a matter of public record
Formally incorporate it into the building code or other applicable ordinance
The code or standard must apply to the facility in question.
FEMA Required Minimum Codes and Standards (1 of 2)
If the building is eligible for repair, replacement or is being constructed as an improved or alternate project, FEMA generally requires the Applicant to incorporate the natural hazard-resistant codes and standards and related provisions referenced in the most recent published edition of the International Code Council's International Building Code, International Existing Building Code, or International Residential Code into the building design and construction. This includes natural hazard-resistant provisions, such as tornado, wind, seismic, and flood regardless of the type of incident that caused the damage.
In accordance with these codes and standards, the Risk Category of the eligible building determines the applicable tornado, wind, seismic, flood, snow, ice, and rain loads. FEMA provides Public Assistance funding for the eligible increased cost associated with meeting these codes and standards at the cost-share for the disaster.
FEMA Required Minimum Codes and Standards (2 of 2)
Generally, the International Building Code, International Existing Building Code or International Residential Code apply when a building:
The determination of whether a code and standard is triggered may be made by:
A building official or inspector
The Recipient's or Applicant's registered design professional
Other appropriate and qualified individuals
FEMA generally requires that the Applicant incorporate these codes and standards in the design of eligible repair, replacement or construction of the building even if they exceed local codes or standards or in instances where communities have not adopted a building code and standards.
Environmental and Historic Preservation Requirements (1 of 2)
Regulations are Federal rules with the force and effect of law that implement a statute based on a Federal agency's interpretation of that statute. Several statutes, Executive Orders, and regulations establish requirements to protect the environment and preserve the nation's historic and prehistoric resources.
FEMA must review each Public Assistance project to ensure the work complies with applicable Federal Environmental and Historic Preservation laws and their implementing regulations and applicable Executive Orders.
The Applicant is responsible for complying with applicable Federal, State, Territorial, or Tribal Environmental and Historic Preservation laws even if FEMA is not providing Public Assistance funding for all of the work.
Refer to the course IS-1016: Environmental and Historic Preservation (EHP) Considerations/Compliance for additional information.
Environmental and Historic Preservation Requirements (2 of 2)
The Environmental and Historic Preservation laws, regulations, and Executive Orders that commonly apply to buildings, contents, vehicles, and equipment are:
National Environmental Policy Act
National Historic Preservation Act
Clean Air Act
Endangered Species Act
Executive Order 11988
Executive Order 11990
Refer to the course IS-1016: Environmental and Historic Preservation (EHP) Considerations/Compliance for additional information.
Environmental and Historic Preservation Review
Beginning with the assembly of the Damage Inventory for the declared disaster, the Applicant will work to identify potential environmental and historic preservation measures as early in the FEMA Public Assistance disaster recovery process as possible.
The FEMA Program Delivery Manager will work with the Applicant to complete the damage inventory and coordinate with FEMA Environmental and Historic Preservation staff in order to facilitate compliance support.
FEMA Environmental and Historic Preservation staff with coordinate to support the Applicant through the FEMA Program Delivery Manager and by providing State and Federal resources regarding permitting and compliance requirement.
Early identification of environmental and historic preservation matters by the Applicant is critical in order to prevent funding delays. In addition, it is vital that compliance requirements are in place prior to repair or replacement. Failure to ensure and demonstrate compliance jeopardizes FEMA Public Assistance funding for the entire project.
National Environmental Policy Act
Section 102 of the National Environmental Policy Act requires Federal agencies to integrate environmental values into their decision-making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions.
The U.S. Department of Homeland Security publishes National Environmental Policy Act requirements and provides a specific decision-making process that FEMA must follow before funding a project. The process ensures consideration of environmental consequences of the project and informs the general public.
Permanent Work projects to restore a damaged facility to pre-disaster design are excluded from a National Environmental Policy Act review through a Statutory Exclusion. All others require a National Environmental Policy Act review. Many projects may qualify for one of the Categorical Exclusions, which are actions that typically have little or no impact on the environment.
Although many projects are statutorily excluded from a National Environmental Policy Act review or are covered by a Categorical Exclusion, ALL projects still require review for compliance with other Environmental and Historic Preservation laws, regulations, and Executive Orders.
National Historic Preservation Act
Section 106 of the National Historic Preservation Act requires FEMA to consider the effects a project will have on historic properties and provide the Advisory Council on Historic Preservation the opportunity to comment on the effects of the project.
Historic properties include buildings or groups of buildings (districts), structures, objects, landscapes, archaeological sites, and traditional cultural properties included in, or eligible for inclusion in, the National Register of Historic Places.
Historic Preservation Compliance (1 of 2)
Federal Requirement
If the facility is listed in, or meets the criteria to be listed in, the National Register of Historic Places and an applicable code and standard requires repair in a certain manner, costs associated with work to comply with that code or standard are eligible, even if repair costs exceed replacement costs. This is an exception to the regulatory requirement that when a facility is eligible for replacement, FEMA limits eligible costs to the less expensive of repairs or replacement and appropriate compliance documentation for both codes and standards and environmental and historic preservation shall be required.
Historic Preservation Compliance (2 of 2)
State, Territorial, or Tribal Government Requirement
If a State, Territorial, or Tribal historic building codes and standard requires specific work be performed, FEMA evaluates the code and standard using the eligibility criteria. Most State historic building codes and standards encourage code officials to allow less intrusive alternatives to requirements of the prevailing codes and standards, but do not require any particular work be performed. As a result, the codes and standards usually fail to meet the eligibility criteria.
Hazard Mitigation
When Environmental and Historic Preservation laws, regulations, or Executive Orders require actions to mitigate adverse effects, the Applicant is responsible for all costs associated with performing the required mitigation measures, unless such actions are directly related to the restoration of disaster-related damage.
Section 406 Hazard Mitigation
FEMA evaluates proposed mitigation measures for cost-effectiveness, technical feasibility, and compliance with Environmental and Historic Preservation laws, regulations, and Executive Orders. In addition, FEMA ensures that the mitigation does not negatively impact the facility's operation or surrounding areas or create susceptibility to damage from another hazard.
Section 406 Hazard Mitigation opportunities usually present themselves during facility repair. However, in cases where the Applicant must repair a facility in an expedited manner, they may miss an opportunity to implement mitigation measures during repair. If the Applicant implements mitigation measures after the Public Assistance funded repair is complete, the mitigation work may be eligible; however, FEMA will not provide Public Assistance funding for any duplicative work as a result of the subsequent mitigation.
Refer to the course IS-1014: Integrating 406 Mitigation Considerations into Your Public Assistance Grant for more information.
Modifying the Insurance Requirement (1 of 3)
In previous lessons within this course, we touched briefly on insurance and the requirement to obtain and maintain insurance. However, the Applicant is not required to obtain and maintain insurance on facilities with less than $5,000 in eligible costs (prior to any reductions).
44 Code of Federal Regulations 260.262(d) for flood insurable items states, "The Recipient or Subrecipient is required to obtain and maintain flood insurance in the amount of eligible disaster assistance, as a condition of receiving Federal assistance that may be available. This requirement also applies to insurable flood damaged facilities located outside a special flood hazard area when it is reasonably available, adequate, and necessary. However, the Regional Administrator shall not require greater types and amounts of insurance than are certified as reasonable by the State Insurance Commissioner. The requirement to purchase flood insurance is waived when eligible costs for an insurable facility do not exceed $5,000."
As well, 44 Code of Federal Regulations 260.253(d) for non-flood insured disaster items states, "The requirements of Section 311 of the Stafford Act are waived when eligible costs for an insurable facility do not exceed $5,000. The Regional Administrator may establish a higher waiver amount based on hazard mitigation initiatives which reduce the risk of future damages by a disaster similar to the one which resulted in the major disaster declaration which is the basis for the application for disaster assistance."
Modifying the Insurance Requirement (2 of 3)
The Applicant may request that FEMA modify the insurance requirement when:
Required insurance is not reasonably available
An alternative to the insurance requirements provides adequate protection against future loss to the property
Required insurance is not necessary to protect against future loss to the property
The Applicant will coordinate with the FEMA Program Delivery Manager, who coordinates with the FEMA Insurance Specialist in order to meet project compliance needs. The FEMA Insurance Specialist will articulate insurance needs and compliance requirements to the FEMA Program Delivery Manager through this coordination with the Applicant and will make comments in Grants Portal.
Modifying the Insurance Requirement (3 of 3)
According to the FEMA Public Assistance Policy on Insurance FP 206-086-1, FEMA does not require greater types and amounts of insurance than are certified as reasonably available, adequate or necessary by the appropriate State Insurance Commissioner.
The State Insurance Commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility.
When the Applicant receives Public Assistance funding for a facility damaged by the same hazard in a subsequent disaster, FEMA reduces funding in this subsequent disaster by the amount of insurance required from the previous disaster.
If FEMA or the State Insurance Commissioner certification modified the Applicant's insurance requirement, FEMA reduces funding by the modified insurance amount.
Refer to the IS-1015: Insurance Considerations, Compliance, and Requirements course for more detail about FEMA's Insurance requirements.
Changes in Scope of Work (1 of 3)
If the Applicant is aware of a change to the scope of work, this change needs to be identified immediately in order to prevent jeopardized funding.
During project development (prior to the obligation of the initial project award), the Applicant should immediately coordinate with the FEMA Program Delivery Manager in the field. The Program Delivery Manager will coordinate with the FEMA Consolidated Resource Center in order to address the needed scope change.
For awarded and obligated projects post project development, The Applicant will need to engage the Recipient (applicable State, Tribe, or Territory) in writing to identify the Scope Change needs/issue. If the Recipient is in approval, the Scope Change request will be processed to the FEMA Region in order to address the scope change and ensure eligibility.
All Scope Change requests require a full compliance review to include an examination by FEMA Mitigation, Insurance, and Environmental and Historic Preservation in order to ensure there are no additional compliance requirements as a result of the requested change.
Changes in Scope of Work (2 of 3)
With the exception of Permanent Work Alternative Procedures Projects, FEMA may approve revisions under any of the following circumstances (this is not an all-inclusive list):
Applicant discovers damage during project development
Applicant discovers hidden damage during the course of completing previously approved work
Repair method documented in the Project is not feasible
Professional recommendations for repair differ from the repair documented in the Project scope of work, provided the recommendations are limited to the least costly method of repairing only the agreed upon disaster-related damage
Project contains inadvertent errors or omissions
Applicant wishes to pursue an Improved or Alternate Project
Refer to the course IS-1017: Scope Change Requests, Time Extensions, Improved/Alternate Project Requests for more information.
Changes in Scope of Work (3 of 3)
FEMA engages subject matter experts for technical assistance, when necessary, to reach a determination of whether the request change is eligible for Public Assistance funding.
Changes in scope of work due to one of the following reasons are generally eligible:
Alternate repair method is more cost-effective than the original proposed repair method
Original repair method is not technically feasible
Increase in previously approved quantities due to errors or omissions
Hidden damage is discovered during construction and is disaster-related
Refer back to Lesson 3 of this course for required documentation for a change in scope of work.
Lesson 4 Summary
In this lesson, you learned how to:
Provide an overview of applicable codes and standards for facilities
Explain the special considerations for buildings, contents, vehicles, and equipment
The next lesson will review the course objectives. Participants will take also take a Post-Course Assessment.
Lesson 5 Overview and Objectives
This lesson will review the course objectives. Participants will take a Post-Course Assessment at its conclusion.
At the end of this lesson, participants will be able to summarize the content of the course.
Course Objectives
In this course, you learned how to:
Identify the information FEMA requires to document disaster-related damage for buildings, contents, vehicles, and equipment
Differentiate pre-existing and deferred maintenance conditions from disaster-related damages
Explain methods for costing disaster-related damage to buildings, contents, vehicles, and equipment
Describe considerations for buildings, contents, vehicles, and equipment within Public Assistance projects
Lesson 1 Objectives
Lesson 1 provided a high-level overview of Category E projects and covered eligibility requirements for buildings, contents, vehicles, and equipment under the Public Assistance Program.
You should now be able to:
Define the work addressed through Category E projects
Lesson 2 Objectives
Lesson 2 explained how to identify and report disaster-related damage incurred by buildings, contents, vehicles, and equipment. It also described having an information collection strategy in place.
You should now be able to:
Describe how to identify disaster-related damage for buildings, contents, vehicles, and equipment
Discuss the types of documentation used to verify damage of buildings, contents, vehicles, and equipment
Lesson 3 Objectives
Lesson 3 discussed the documentation requirements for buildings, contents, vehicles, and equipment, covered under Category E projects. It also discussed the identification process for required documentation and described the schedule of value.
You should now be able to:
Explain the initial documentation requirements for Category E projects
Lesson 4 Objectives
Lesson 4 provided an overview of applicable building codes and standards and their effect on repair/replacement projects of buildings, contents, vehicles, and equipment. It also covered additional eligibility considerations.
You should now be able to:
Provide an overview of applicable codes and standards for facilities
Explain the special considerations for buildings, contents, vehicles, and equipment
Course Summary
Congratulations! This course is complete.
The course provided you with an overview of Public Assistance project eligibility of Category E.
