FEMA finds that the Applicant did not use the pre-positioned pump equipment to perform eligible emergency work. The appeal is denied. Appeal Letter John Benson Mark Bousselot Director Public Works Director Iowa Department of Homeland Security Town Fort Madison and Emergency Management 811 Avenue E 7900 Hickman Road, Suite 500 Fort Madison, Iowa 52627 Windsor Heights, Iowa 50324 Re: Second Appeal – City of Fort Madison, PA ID: 111-28605-00, FEMA-4732-DR-IA, Grants Manager Project 736147, Force Account Labor & Equipment Costs Dear John Benson and Mark Bousselot: This is in response to the Iowa Department of Homeland Security and Emergency Management’s (Recipient) letter dated December 20, 2024, which transmitted the referenced second appeal on behalf of the City of Fort Madison (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $50,740.80 for costs associated with pump equipment placed in preparation for potential flooding. As explained in the enclosed analysis, I have determined that the Applicant did not use the pre-positioned pump equipment to perform eligible emergency work. The appeal is denied. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals. Sincerely, /S/ Robert M. Pesapane Director, Public Assistance Enclosure cc: Catherine Sanders Acting Regional Administrator FEMA Region 7 Appeal Analysis Background Severe storms and flooding caused extensive damage throughout the State of Iowa between April 24 and May 13, 2023. The City of Fort Madison (Applicant) requested reimbursement under FEMA’s Public Assistance (PA) program for costs associated with pump equipment placed in preparation for potential flooding. FEMA wrote Grants Manager Project (GMP) 736147 for $50,740.80, the cost of pumping equipment readied to address potential flooding. FEMA issued a Request for Information (RFI) asking the Applicant to provide the specific dates work was performed using the pumps. The Applicant responded stating equipment was dedicated to emergency protective measures for 1,320 hours between April 24 and June 19, 2023. FEMA issued a Determination Memorandum on March 12, 2024. FEMA stated the claimed standby time was not eligible because FEMA funds pre-positioned resources or applies equipment rates to the time an applicant actually operates equipment in the performance of eligible emergency work. First Appeal In a letter dated April 1, 2024, the Applicant submitted an appeal for $50,740.80. The Applicant explained the pump is a huge trailer-mounted pump that must be pre-positioned and surrounded by sandbags and that it was placed as an emergency protective measure per Title 44 of the Code of Federal Regulations (C.F.R.) § 206.225(a). The Iowa Department of Homeland Security and Emergency Management (Recipient) transmitted the Applicant’s first appeal with a letter of support dated May 24, 2024. The Recipient argued the Applicant’s pre-positioning of the pump to be used as needed in response to the flood threat meets the definition of an emergency protective measure and was reasonable and prudent. The Recipient recommended that FEMA consider allowing reimbursement for standby or deployment time of pre-positioned resources at an acceptable rate. The FEMA Region 7 Regional Administrator denied the appeal in a letter dated August 21, 2024. FEMA found that standby time associated with the pump equipment was not an eligible emergency protective measure and FEMA only applies equipment rates to the time the Applicant operates equipment. Second Appeal The Applicant’s second appeal, dated October 15, 2024, is for a revised amount of $11,563.20 based on the rate for pre-positioned equipment from the Iowa Department of Transportation Construction Manual. The Applicant argues the costs at issue are not standby costs but rather costs for a pump that was used as an eligible pre-positioned resource/emergency protective measure and allowable under the regulation. The Recipient’s transmittal, dated December 20, 2024, supports the second appeal. Discussion FEMA is authorized to provide assistance for emergency protective measures to save lives and protect public health and safety, as well as threats of significant additional damage to improved property.[1] For emergency protective measures to be eligible, the applicant is responsible for showing the work is required due to an immediate threat resulting from the declared incident.[2] FEMA may provide PA funding for the use of applicant-owned equipment based on hourly rates, however, FEMA only applies equipment rates to the time the applicant is actually operating equipment.[3] Costs related to prepositioning resources for a disaster are eligible if the resources are used in the performance of eligible emergency work.[4] Costs for time in reserve are ineligible unless the equipment operator uses the equipment intermittently for more than half of the working hours for a given day.[5] Here, the Applicant pre-positioned pump equipment in preparation for potential flooding; however, the equipment was not actively used during the disaster. The Applicant acknowledges that the pump was not used during the disaster but argues the pump equipment was pre-positioned as an emergency protective measure in case there was a need for it.[6] Nonetheless, the pump equipment was not used to perform eligible emergency work, even intermittently. Therefore, the claimed costs are ineligible. Conclusion