Eligibility Regulations

Disaster Statutes

Detailed Discussion

Statutes are Federal laws passed by U.S. Congress and signed by the President. All PA Program assistance must comply with all applicable statutes.46 The statute that authorizes FEMA to provide assistance via the PA Program is the Stafford Act. The following sections of the Stafford Act specifically authorize the assistance FEMA provides under the PA Program:

• Title I – Findings, Declarations and Definitions

• Title III – Major Disaster and Emergency Assistance Administration

o 311, Insurance

o 312, Duplication of Benefits

o 324, Management Costs

• Title IV – Major Disaster Assistance Programs (applies to Major Disaster Declarations)

o 403, Essential Assistance

o 406, Repair, Restoration, and Replacement of Damaged Facilities

o 407, Debris Removal

o 428, Public Assistance Program Alternative Procedures

Section 428 of the Stafford Act authorizes FEMA to provide specific exceptions, or “Alternative Procedures,” to PA Program regulations.47 FEMA is currently implementing these Alternative Procedures via pilot programs. These pilot programs are available to each Applicant on a voluntary basis. The specific alternatives are presented throughout this document, where applicable.

• Title V – Emergency Assistance Programs (applies to Emergency Declarations)

o 502, Federal Emergency Assistance

• Title VII – Miscellaneous

o 705, Disaster Grant Closeout Procedures

45 2 CFR § 200.338.

46 44 CFR § 206.200(b).

47 Stafford Act § 428, 42 U.S.C. § 5189f.


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