The Stafford Act grants FEMA discretionary authority to provide assistance that is essential to meet immediate threats to life and property resulting from a disaster. 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.The Applicant has not demonstrated that its costs to provide transportation; lodging; and meals to its athletic teams between athletic events are eligible emergency protective measures resulting from an immediate threat. Per 44 C.F.R. 206.223(a)(3); to be eligible for financial assistance; a project or item of work must be the legal responsibility of an eligible applicant at the time of the disaster. FEMA policy establishes that to determine legal responsibility for emergency work; FEMA evaluates whether the applicant requesting the assistance either has jurisdiction over the area or the legal authority to conduct the work related to the request.FEMA finds that the Applicant had legal responsibility to ensure the safety and well-being of its student population; while under its care or jurisdiction.

HeadnotesThe Stafford Act grants FEMA discretionary authority to provide assistance that is essential to meet immediate threats to life and property resulting from a disaster. 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.The Applicant has not demonstrated that its costs to provide transportation; lodging; and meals to its athletic teams between athletic events are eligible emergency protective measures resulting from an immediate threat. Per 44 C.F.R. § 206.223(a)(3); to be eligible for financial assistance; a project or item of work must be the legal responsibility of an eligible applicant at the time of the disaster. FEMA policy establishes that to determine legal responsibility for emergency work; FEMA evaluates whether the applicant requesting the assistance either has jurisdiction over the area or the legal authority to conduct the work related to the request.FEMA finds that the Applicant had legal responsibility to ensure the safety and well-being of its student population; while under its care or jurisdiction.Conclusion