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

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

FEMA Actions: Interim Policy on "Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance"

FEMA has issued an Interim Policy on "Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance" that appears to limit the costs incurred to prevent the spread of COVID-19 that are eligible for FEMA funding. The...more

FEMA Releases "Streamlined" Project Application in 33-Page Guidance Document

The President has now approved 56 major disaster declarations under the Stafford Act, one for each of the 50 states, five territories, and Washington, D.C., giving FEMA the authority to reimburse eligible applicants for costs...more

Coronavirus: Tips for Hospitals Navigating State Emergency Management and FEMA Funding

As the COVID-19 outbreak response intensifies and the number of patients continues to grow, stakeholders are working hard to strengthen the health care community and ensure that sufficient capacity is available to meet the...more

Coronavirus: FEMA Simplifying the Public Assistance Process to Expedite Payment

While communities that regularly experience natural disasters like hurricanes, tornadoes, and earthquakes are familiar with FEMA's Public Assistance process, the President's recent declaration of a nationwide emergency under...more

Coronavirus: Nationwide Emergency Declaration – Access to Disaster Relief Fund

On Friday, March 13, 2020, President Donald J. Trump declared a nationwide emergency under the Stafford Act. This unprecedented action allows Federal Emergency Management Agency (FEMA) to provide funding to state and local...more

OMB Seeks Comments on Proposed Changes to 2 C.F.R. Part 200

On January 22, 2020, OMB released proposed revisions to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200. ...more

Draft Rules Issued for New Arbitration Option for FEMA's Public Assistance Program

The Civilian Board of Contract Appeals (CBCA) has published draft rules for the new arbitration option for the Federal Emergency Management Agency's (FEMA) Public Assistance Program. In this analysis, we examine the proposed...more

The Disaster Recovery Reform Act of 2018: Key Provisions Affecting FEMA Funding

As Hurricane Michael continues to have a devastating impact in the Southeast, all of us at Baker Donelson first and foremost extend our thoughts to those affected by this historic storm. With the immediate dangers subsiding,...more

Update: FEMA Issues Revised Policy on Alternative Procedures for Direct Administrative Costs

We opened the 2018 hurricane season by issuing an informational alert regarding FEMA's new Alternative Procedures for Direct Administrative Costs (DAC). It appears many stakeholders may have shared our concerns regarding the...more

Hurricane Season 2018: The Basics of FEMA's New Alternative Procedures for Direct Administrative Costs

With the 2018 hurricane season already underway, entities that are eligible for federal assistance through FEMA should prepare by getting up to speed on policy changes including those regarding reimbursement of Direct...more

Three Questions on Disaster Response with Ernie Abbott, Of Counsel, Baker Donelson

What is the status of funding for rebuilding after the recent disasters in Florida, Georgia, Texas, Puerto Rico, and the U.S. Virgin Islands, and what can we expect moving forward? After each of the big disasters that have...more

Beware of Federal Requirements when Selling or Leasing Facilities Funded by FEMA

As we are now more than ten years from the devastation of Hurricane Katrina and five from Superstorm Sandy, many applicants that received federal funding through the Federal Emergency Management Agency's (FEMA) Public...more

Hurricane Harvey: Immediate Considerations for Impacted Public and Non-Profit Entities

At this time, immediate lifesaving response activities have priority. As soon as they are able, impacted public and non-profit entities must consider the available resources to help defray costs, including insurance and...more

FEMA's 60-Day Appeal Deadlines Now Strictly Enforced Against Applicants and State Grantees

Applicants for federal disaster assistance under the various programs administered by the Federal Emergency Management Agency (FEMA) are not without recourse when FEMA denies or determines to later take back (deobligate)...more

8/16/2017  /  Appeals , FEMA , Flooding , Natural Disasters

Sanctuary Jurisdiction Policy Could Impact Disaster Recovery

On January 25, 2017, President Trump issued Executive Order 13768, "Enhancing Public Safety in the Interior of the United States." The full implications of this broadly written Executive Order are not yet known; however, it...more

FEMA Requires Compliance with National Standard Building Codes for Restoration of Facilities Funded Through Public Assistance...

Several recent disasters will test the practical implications of a policy update released by the Federal Emergency Management Agency (FEMA) late last year. In issuing Recovery Policy FP-104-009-4, FEMA envisions that...more

OIG Pushing FEMA to Get Tougher on Procurement Compliance

The Department of Homeland Security Office of Inspector General (OIG) recently released their report "FEMA Can Do More to Improve Public Assistance Grantees' and Subgrantees' Compliance with Federal Procurement Rules." OIG...more

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