Immediate Threat, Application Procedures

Immediate Threat

HEADNOTES

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. To be eligible for reimbursement, costs must be directly tied to the performance of eligible work and be adequately documented. The Applicant did not demonstrate its claimed costs were directly tied to the performance of emergency work in response to COVID-19. Under limited circumstances, the provision of food may be an eligible emergency protective measure. FEMA only reimburses the cost of meals that are brought to the work location and purchased in a cost effective and reasonable manner, such as bulk meals The documentation does not establish eligibility for meals under FEMA policy, as meals were not purchased in a cost effective and reasonable manner. FEMA establishes a minimum project threshold for each fiscal year. A project is not eligible if the total dollar value is less than the minimum threshold. After the reduction of the ineligible costs, the project cost falls under the minimum threshold of $3,300.00, and, therefore, the costs are not eligible for funding.

CONCLUSION

: The Applicant did not demonstrate that requested costs are associated with eligible emergency protective measures and any potentially eligible costs do not meet the minimum project threshold. Therefore, this appeal is denied.

AUTHORITIES

Stafford Act § 403(a). 44 C.F.R. §§ 206.223(a)(1), (a)(3), 206.225(a). PAPPG, at 19, 21, 23, 58, 62-63, 146. Fact Sheet, Eligible Emergency Protective Measures, at 1; FP 104-009-19, Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim); FP 104-21-0003, Coronavirus (COVID-19) Pandemic: Safe Opening and Operation Work Eligible for Public Assistance (Interim) (Version 2); FP 104-21-0004 Coronavirus (COVID-19) Pandemic: Medical Care Eligible for Public Assistance.

44 C.F.R. §§ 206.223(a)(1), (a)(3), 206.225(a)
Immediate Threat, Application Procedures