Pursuant to the Stafford Act § 403, and 44 C.F.R. §§ 206.201(b) and 206.225(a), emergency work that reduces or eliminates immediate threats to life or to protect improved property is eligible for funding. The Applicant carried out overtime work to open the facilities on schedule.It was not to reduce or eliminate an immediate threat to lives or property. Thus, it is not an emergency protective measure. The Stafford Act § § 206.223(a)(1) require work must be required as a direct result of the disaster. The prior disaster damaged the facilities, but the overtime work is not a direct result of that disaster, it is instead due to the Applicant’s need to open the facilities before the fall semester. Likewise, the Applicant did not provide adequate documentation showing the stoppage and securing equipment was a direct result of the disaster. The Stafford Act § The overtime costs are not reasonable and necessary to restore the Facilities. In addition, the Applicant did not provide adequate documentation showing costs for the stoppage and securing equipment was reasonable and necessary. When a facility is under construction at the time of the disaster, pursuant to § OMB Circular A-87, the costs eligible for PA funding are only those that are delineated in the contract as the Applicant’s responsibility
: The University of Iowa (Applicant) did not provide adequate documentation to demonstrate that the work stoppage, and moving and securing equipment are eligible for public assistance funding. Additionally, the overtime work is ineligible because it is not an emergency protective measure, is not the direct result of the 2008 flooding, and is not reasonable and necessary. As such, the appeal is denied.
Stafford Act §§ 403 and 406. 44 C.F.R. §§ 206.201(b), 206.223(a)(1) and 206.225(a). PA Guide, at 29, 40, and 71 (June 2007). OMB Circular A-87