News & Analysis as of

FEMA Disaster Aid

Baker Donelson

DRG Quick Bite: How the 2024 OMB Revisions Affect Purchasing Under a FEMA Award

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As previously mentioned in the Disaster Recovery Group (DRG) April 5, 2024, publication OMB Soon to Release Updates to Uniform Grant Regulations, the Office of Management and Budget (OMB) announced the impending launch of its...more

Baker Donelson

FEMA Now Accepting Comments on Changes to its Public Assistance Program

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Here Ye! Here Ye! Major changes to federal regulation and policy are happening now! FEMA's new proposed policy guide is open for public comment through August 16 AND comments to FEMA's proposed changes to 44 Code of Federal...more

Baker Donelson

2024 Hurricane Season: Top Ten Tips

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We are one month into the 2024 Atlantic Hurricane Season and already have our first named storm, with significant impacts across some portions of the Gulf States. We have seen a Governor declared emergency in Texas and a...more

Baker Donelson

Impending Supreme Court Ruling on Chevron Deference: Impact on FEMA Dispute Resolution

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Historically, the courts have had little involvement in review of the Federal Emergency Management Agency's (FEMA) decisions regarding the billions of dollars of federal disaster recovery funding that FEMA administers...more

Downey Brand LLP

The Future [of] Flood Risk Data

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I had the opportunity this week to attend a National Association of Flood and Stormwater Management Agencies (NAFSMA) Mentoring Session on the Future [of] Flood Risk Data. This session, offered by NAFSMA in partnership with...more

Baker Donelson

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

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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

Fox Rothschild LLP

Silver Lining? IRS Extends Filing, Payment Deadlines for California Storm Victims

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The IRS will grant taxpayers with residences or businesses located in any California county designated as a federal disaster area by the Federal Emergency Management Agency (FEMA) following January’s series of damaging wind,...more

Baker Donelson

Filing a FEMA Public Assistance Appeal: The Real-Life Saga of Goldilocks and the Three Bears

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Many of us can recall the famous tale of "Goldilocks and the Three Bears": A girl wanders into a home and tries multiple things, rejecting them until she finds the one that is just right. Appealing an unfavorable FEMA Public...more

Baker Donelson

Hurricane Ian: Declaration Updates – Applying for FEMA Public Assistance

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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

Holland & Knight LLP

Florida Department of Revenue, FinCEN Issue Filing Extensions After Natural Disasters

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In response to the major disaster declarations issued by the U.S. federal government and the Internal Revenue Service (IRS) issuing related disaster relief by extending tax deadlines for victims of Hurricane Ian, other...more

Baker Donelson

New FEMA Clarification Regarding Codes & Standards Requirements

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On September 28, 2022, FEMA issued a memorandum to Regional Administrators clarifying the agency's 2019 list of approved codes, specifications, and standards that may be required for Public Assistance-funded projects. This...more

McGuireWoods Consulting

Florida Update on Hurricane Ian

On September 29, 2022, Hurricane Ian made landfall near Cayo Costa, Fla., as a Category 4 hurricane, bringing record wind and storm surge to a four-county area in Southwest Florida. Other regions of the state have experienced...more

Baker Donelson

Hurricane Ian: Preparing for Public Assistance

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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

Baker Donelson

DEADLINE TODAY: FEMA Produces First Substantive Proposed Approach on Duplication of Benefits for Hospitals

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On September 6, 2022, FEMA publicly released its "Proposed Approach" for dealing with the potential duplication of benefits (DOB) of patient care revenue to public assistance grants. Before this date, FEMA policy statement on...more

Baker Donelson

FEMA Increases Public Assistance Program's Simplified Procedures Small Project Threshold

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The Federal Emergency Management Agency (FEMA) recently revised its regulations regarding the Public Assistance (PA) program that provides grants to state, local, tribal, and territorial governments, as well as eligible...more

Baker Donelson

BREAKING: FEMA Sets Deadlines Applicable to Pandemic Claims

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On April 1, 2022, new information was released regarding the final date that Federal Emergency Management Agency (FEMA) will accept new applicants into its Public Assistance (PA) Program and setting a deadline for submission...more

Baker Donelson

Direct Result of a Disaster

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The Federal Emergency Management Agency (FEMA) provides funding under its Public Assistance (PA) program to eligible applicants (states and territorial governments, tribal governments, local governments and certain private...more

Baker Donelson

Changes to FEMA's Public Assistance Appeals and Arbitrations Regulation Go Into Effect January 1, 2022

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The Federal Emergency Management Agency's (FEMA) Public Assistance Appeals and Arbitrations regulation at 44 C.F.R. § 206.206 will change on January 1, 2022. Recipients and subrecipients should be prepared for changes in...more

Baker Donelson

Anatomy of a FEMA Appeal

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An applicant's right to appeal an adverse Federal Emergency Management Agency (FEMA) Determination can be found in Section 423(a) of the Stafford Act, as implemented by FEMA in 44 C.F.R. § 206.206. Paragraph 206.206(a)...more

Baker Donelson

New FEMA Thresholds and Indicators for Fiscal Year 2022

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The Stafford Act and Federal Emergency Management Agency (FEMA) regulations require FEMA to adjust several programmatic thresholds and indicators each year to reflect changes in the Consumer Price Index for All Urban...more

Baker Donelson

Contracting Under Federal Procurement Requirements After Hurricane Ida

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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

Adams and Reese LLP

Disaster Assistance in the Wake of Hurricane Ida: Low-Interest SBA Loans for Businesses and Individuals

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As a result of the impacts of Hurricane Ida, federal economic assistance is available to businesses, homeowners, and renters in the parishes of Ascension, Assumption, East Baton Rouge, East Feliciana, Iberia, Iberville,...more

Baker Donelson

FEMA: Extension of Full Federal Funding for Pandemic Costs; Expansion Coming for "Safe Opening and Operation" Policy

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On April 17, President Biden ordered FEMA to maximize its support for state, local, tribal, and territorial governments' COVID-19 response and recovery. The president authorized FEMA to continue funding otherwise eligible...more

Baker Donelson

FEMA Updates Policy on Stafford Act § 705

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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

Baker Donelson

FEMA Applicants and American Rescue Plan Fiscal Recovery Fund Recipients Should Know About Updates to Procurement Requirements

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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

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