Per Stafford Act § 403(a) and 407(a) and 44 C.F.R. 206.224; FEMA is authorized to provide Public Assistance funding for debris removal as long as it in the public interest; that is; necessary to eliminate immediate threats to life; public health; and safety; to protect improved property; or to ensure economic recovery of the affected community to the benefit of the community-at-large.The PAPPG; at 109; provides that removal of debris from commercial properties; including trailer parks; is generally ineligible because commercial enterprises are expected to retain insurance that covers debris removal. In very limited; extraordinary circumstances; FEMA may provide an exception; if the Applicant meets the requirements of the approval process; and FEMA must approve the work prior to the applicant removing the debrisHere; the Applicant has not demonstrated that debris removal from the Park is in the public interest and that extraordinary circumstances exist that would warrant FEMA to provide an exception to approve the CPDR request. Further; the Applicant removed the debris before receiving FEMA prior approval.FEMA finds that the Applicant has not demonstrated that extraordinary circumstances warrant approval of its CPDR request.
HeadnotesPer Stafford Act §§ 403(a) and 407(a) and 44 C.F.R. § 206.224; FEMA is authorized to provide Public Assistance funding for debris removal as long as it in the public interest; that is; necessary to eliminate immediate threats to life; public health; and safety; to protect improved property; or to ensure economic recovery of the affected community to the benefit of the community-at-large.The PAPPG; at 109; provides that removal of debris from commercial properties; including trailer parks; is generally ineligible because commercial enterprises are expected to retain insurance that covers debris removal. In very limited; extraordinary circumstances; FEMA may provide an exception; if the Applicant meets the requirements of the approval process; and FEMA must approve the work prior to the applicant removing the debrisHere; the Applicant has not demonstrated that debris removal from the Park is in the public interest and that extraordinary circumstances exist that would warrant FEMA to provide an exception to approve the CPDR request. Further; the Applicant removed the debris before receiving FEMA’s prior approval.ConclusionFEMA finds that the Applicant has not demonstrated that extraordinary circumstances warrant approval of its CPDR request.