When a hurricane or other natural disaster hits, public and private non-profit entities often look to the Federal Emergency Management Association (FEMA) for financial assistance. But obtaining and keeping FEMA Public...more
It has now been two weeks since Hurricane Ian made its historic landfall on the west coast of Florida as a Category 4 hurricane, tying with several other storms as the fifth-strongest hurricane on record to make landfall in...more
Our thoughts are with our colleagues, clients, and friends affected by Hurricane Ian as it continues to wreak havoc on the State of Florida. At this time, safety of residents, search and rescue, and support of critical...more
As we enter what is historically the most active part of hurricane season, we want to alert our clients and others who may be eligible for FEMA reimbursement of important steps to take before and right after a disaster with...more
As impacted public entities and non-profits begin the long road to recovery after Hurricane Ida, it is critical that they comply with important regulatory requirements for federal disaster assistance funding, including...more
On August 9, 2021, the Federal Emergency Management Agency (FEMA) issued a Notice of Funding Opportunity (NOFO) for FY21's Hazard Mitigation Assistance (HMA) grants under the Flood Mitigation Assistance (FMA) and Building...more
On June 2, 2021, the Federal Emergency Management Agency (FEMA) issued version 2 of its policy on Stafford Act § 705, Disaster Grant Closeout Procedures. Stafford Act § 705 (42 U.S.C. § 5205) contains two important...more
Entities that enter into contracts funded by federal grants like FEMA's Public Assistance program or the Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan, must ensure their procurements and...more
In 2016, the U.S. Department of Homeland Security Office of Inspector General (the "OIG") issued a report entitled "FEMA Can Do More to Improve Public Assistance Grantees' and Subgrantee's Compliance with Federal Procurement...more
On October 10, 2020, FEMA published a proposed revision to its existing policy for implementation of Stafford Act § 705, Disaster Grant Closeout Procedures. FEMA seeks comment on the proposed policy by December 10, 2020....more
On March 30, 2020, FEMA headquarters issued a memorandum to its Regional Administrators advising that the agency is extending filing deadlines for Public Assistance net small project overrun requests, first and second...more
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
Building upon our prior alert summarizing the effects of the President's March 13 nationwide emergency declaration, we now provide an update on the type of assistance potentially available pursuant to FEMA's Public Assistance...more
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
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
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
In January, Baker Donelson published an alert on the Federal Emergency Management Association's (FEMA) Public Assistance Management Costs Interim Policy, FEMA Recovery Policy FP 104-11-2....more
The Disaster Recovery Reform Act of 2018 (DRRA), signed into law on October 5, 2018, is the largest single piece of legislation to impact disaster response and recovery in decades. ...more
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
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
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
As impacted public entities and non-profits begin the long road to recovery after Hurricane Harvey, it is critical that they do not overlook or ignore compliance with important regulatory requirements upon which federal...more
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
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